Cloaked By Cyber Space: A Legal Response To The Risks Of Cyber Stalking In Malaysia
Zaiton Hamin, Wan Rosalili Wan Rosli · Zenodo (CERN European Organization for Nuclear Research) · 2018
Cyber stalking generally involves unwarranted, repeated and threatening conduct of the offender via the Internet or social media platforms, which causes fear, distress or alarm to the victim. A qualitative study on the perception of cyber stalking and the adequacy of the anti-stalking law to regulate such crime in Malaysia is somewhat scarce. Hence, this paper seeks to examine cyber stalking risks and the sufficiency of laws to govern such crime and the legal protection afforded to victims. This paper adopts a qualitative methodology, where the data is obtained from eighteen semi-structured interviews conducted with various stakeholders, including the regulators and enforcement officers. Secondary data involves cyber legislation, the Penal Code, and online sources. The findings suggest that cyber stalking risks are often manufactured by the victims, which lead to individual responsibility towards managing and mitigating such risks. The findings have significant implications for lawmakers to either enact specific laws on cyber stalking or amend the Penal Code to include such crime.