CLA News / New Law Update from CLA Family Law Committee Member Kee Hui Yee, Malaysia

Kee Hui Yee, a member of our Family Law Committee, and Co-Chair of the Family Law Committee of the Malaysian Bar, reports on an important new case from the High Court of Malaya- upholding the first Anti-Sexual Harassment Tribunal Award.

Hui Yee spoke about this case- in which she represented the successful party before the Tribunal and in the judicial review proceedings- in the webinar we co-hosted with the International Academy of Family Lawyers in November 2024 on “IPV Protecting Victims from Cybercrime: Practical and Legal Next Steps”. At that stage she advised that the matter had been appealed to the High Court and that decision has now been handed down, leaving the Tribunal decision undisturbed.

The landmark decision from the High Court of Malaya was the first known challenge to an award made by the Anti-Sexual Harassment Tribunal (“TAGS”). TAGS was established on 8 March 2024 pursuant to Section 3 of the Sexual Harassment Act 2022 as an alternative forum to the civil courts for the hearing and determination of sexual harassment complaints occurring in Malaysia on or after that date.

In V R v R R & Anti-Sexual Harassment Tribunal of the Ministry of Women, Family and Community Development (Judicial Review No. WA-25-321-08/2024), the Applicant sought judicial review to quash the Tribunal’s decision.

The Tribunal had previously found, on a balance of probabilities, that the Applicant had committed sexual harassment against the 1st Respondent. The parties were formerly involved in a romantic relationship. Following the breakdown of the relationship, the 1st Respondent discovered that her nude photographs had been uploaded onto Tumblr and Telegram. She subsequently lodged a police report and filed a complaint before the Tribunal.

Among its findings, the Tribunal held that the Applicant had admitted to taking nude photographs of the 1st Respondent without her knowledge or consent during a vacation in October 2022, intending to use the photographs against her should she leave the relationship. The Tribunal also found that the Applicant had sent multiple voice notes to the 1st Respondent’s cousin threatening to disseminate the photographs to her family and the public in order to humiliate her.

In dismissing the judicial review application, the High Court held that the Tribunal had acted within its jurisdiction and that the 1st Respondent had successfully proven her claim of sexual harassment on a balance of probabilities. The Court found that the award was made in accordance with the Sexual Harassment Act 2022 and that there was no serious irregularity, illegality, procedural impropriety, or unfairness affecting either the proceedings or the award.

Accordingly, the High Court upheld the Tribunal’s award, which required the Applicant to provide a written apology to the 1st Respondent, attend a counselling programme determined by the Welfare Department, and pay damages of RM60,000. with the grounds of the decision here.

The Ministry of Women, Family and Community Development welcomed the decision, stating that it reinforces the Tribunal’s role as a fast, simple and effective justice mechanism in providing remedies to victims of sexual harassment, including digital sexual harassment.