KUALA LUMPUR, Dec 23 — The controversy surrounding a Universiti Malaya professor who allegedly sent nude pictures to students has ignited debate on Malaysian laws and institutional policies on sexual harassment and images.
What happened?
The professor is accused of sending unsolicited explicit photos of himself to students.
In November, some of these were printed and posted on the university campus to warn students about him. The matter gained more attention when the matter was also shared on social media.
The university said on December 18 that it was investigating, without disclosing if any action has been taken.
On December 20, the UM Feminism Club held a demonstration to demand fair and transparent action, alleging that there was a history of such sexual harassment on campus that regularly went unpunished and unreported.
To support its allegations of reprisals for publicising such behaviour, the club also said the professor in question has lodged a police report against them for criminal defamation.
The club also said the university removed the post warning students about the professor on December 15.
What does the law say?
Malaysian laws are patent on the matter of nude images, regardless of whether these were solicited or not.
Among laws that would come into play include
Communications and Multimedia Act 1998
Section 211 of this law prohibits content that is indecent, obscene, or offensive, particularly if intended to harass or annoy.
Punishment: A fine of up to RM50,000, imprisonment of up to one year, or both, with an additional fine of RM1,000 for each day the offence continues after conviction.
Section 233 is a controversial section due to its amorphous nature. It criminalises using communication networks to transmit obscene or offensive messages with intent to harass.
Punishment: A fine of up to RM50,000, imprisonment of up to one year, or both, with an additional fine of RM1,000 for each day the offence continues after conviction.
Penal Code
Section 292 of the Penal Code prohibits creating, distributing, or possessing obscene material, including pornography.
Punishment: Imprisonment of up to three years, a fine, or both.
Is consensual sexting legal?
Sexting, or text messaging of a sexual nature, between consenting adults is not explicitly prohibited, but the creation, distribution, or possession of obscene material remains illegal under Section 292 of the Penal Code. Publicly displaying or advertising such material is also a crime, punishable by imprisonment, fines, or both.
In short, any form of pornography is illegal and prohibited.
What about UM’s regulations?
According to UM’s Code of Free From Sexual Exploitation, Abuse and Harassment, any form of sexual exploitation, abuse, coercion and annoyance is prohibited.
Section 4.2 and its subsections define sexual harassment as any form of sexual attention spoken or otherwise that is unwelcome including cause and intent to produce an environment full of stress, threats or hostility
Section 4.3.2 states that sexual annoyance is sexual conduct that is insulting or embarrassing, threatens personal safety and is displeasing to the person who is harassed, but has no direct bearing on one’s employment opportunities or benefits.
Section 4.43 on visual harassment states that any act of sending notes, letters, email, pictures (photos) posters, objects, reading materials or any message through various types of mediums such as short messaging system (SMS), multimedia messaging system (MMS), WhatsApp, Telegram or any chat room in social media that contain sexual elements through the use of any form of media equipment, electronic equipment or communication equipment to the complainant that causes the complainant to feel offended, insulted or intimidated is a form of sexual harassment.
Where are we now?
The Higher Education Ministry said on December 21 that UM was investigating the allegations against the professor.
However, it also highlighted the police report lodged by the accused professor, saying that “measures that violate legal procedures would undermine the ongoing investigation process.”
