UM Sexual Harassment Incident Highlights Legal Gaps in Addressing Obscenity and Unsolicited Nudes in Malaysia
By Loshinniy Nair S. Baskaran
23rd December: A recent sexual harassment case at Universiti Malaya (UM) has brought attention to the limitations in Malaysia’s legal framework concerning obscenity and the distribution of unsolicited explicit images.The incident involved a male student who allegedly sent unsolicited nude photos to a female peer, leading to public outcry and discussions about the adequacy of existing laws.
Currently, Malaysia lacks specific legislation addressing the act of sending unsolicited explicit images.While the Penal Code criminalizes obscene acts and the distribution of obscene materials, these provisions may not comprehensively cover the digital transmission of unsolicited nudes.Additionally, the Communications and Multimedia Act 1998 prohibits the improper use of network facilities, but its application to such cases remains ambiguous.
Legal experts and women’s rights advocates argue that the absence of clear legal provisions leaves victims without adequate protection or avenues for redress.They emphasize the need for comprehensive legislation that specifically addresses sexual harassment, including the non-consensual sharing of explicit images, to ensure perpetrators are held accountable and victims receive justice.
The UM incident has intensified calls for the Malaysian government to expedite the enactment of a Sexual Harassment Act. Such legislation would provide clear definitions and legal recourse for various forms of sexual harassment, both offline and online, thereby strengthening protections for individuals and promoting a safer environment for all.
In the interim, educational institutions and workplaces are encouraged to implement robust policies and awareness programs to prevent sexual harassment and support victims.Public awareness and education are also crucial in changing societal attitudes and fostering a culture that condemns all forms of sexual misconduct, as stated in Malaymail
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