Anti-Sexual Harassment Act 2022

Anti-Sexual Harassment Act 2022 · Act 840
Akta Antigangguan Seksual 2022
Applies to: Federal (whole of Malaysia) · Official text ↗

Key points

Sexual harassment means unwanted conduct of a sexual nature, in any form (verbal, non-verbal, visual, gestural or physical), directed at a person, that is reasonably offensive or humiliating or a threat to their well-being (s 2).
The Act is not limited to the workplace: harassment by a colleague, client, lecturer, landlord, stranger online or anyone else can be brought to the Tribunal.
The Tribunal for Anti-Sexual Harassment (s 3) began hearing complaints on 8 March 2024. The filing fee is RM30.
The Tribunal can order a statement of apology (published, if the harassment was public), compensation of up to RM250,000, and/or attendance at a programme (s 20).
Awards are made within 60 days of the first hearing where practicable (s 19), are final (s 22), and failing to comply is a criminal offence (s 21).
Employers still have their own duties to inquire into workplace complaints under the Employment Act 1955 (ss 81A–81H).

What this law covers

The Anti-Sexual Harassment Act 2022 (Akta Antigangguan Seksual 2022) was passed by the Dewan Rakyat in July 2022. It does two main things:

it gives a person who has been sexually harassed a right of redress against the person who harassed them; and
it establishes the Tribunal for Anti-Sexual Harassment (Tribunal Antigangguan Seksual, TAGS) to hear these complaints quickly and cheaply.

It is administered by the Ministry of Women, Family and Community Development (KPWKM) and came into force in phases: the first provisions in 2023, and the Tribunal began receiving complaints on 8 March 2024 when its regulations took effect.

The Act is civil, not criminal. A Tribunal claim does not stop you from making a police report if the conduct is also a crime under the Penal Code (for example s 354, assault or criminal force with intent to outrage modesty).

What counts as sexual harassment

Section 2 defines sexual harassment (gangguan seksual) as any unwanted conduct of a sexual nature, in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person, which is reasonably offensive or humiliating or is a threat to their well-being.

Examples can include:

repeated sexual comments, jokes or questions about someone's body or sex life;
sending sexual messages, images or videos, including through WhatsApp or social media;
unwanted touching, hugging or brushing against someone;
suggestive gestures or staring;
requests for sexual favours, especially linked to a job, grade, rent or other benefit.

The test is whether the conduct was unwanted and whether a reasonable person would find it offensive, humiliating or threatening. It does not matter where it happened. Men and women can both be complainants or respondents.

How to file a complaint with the Tribunal

Gather evidence: screenshots, messages, emails, a diary of incidents with dates and times, names of witnesses, and any medical or counselling records.
File a complaint (Form 1) with the Tribunal secretariat under KPWKM, with a filing fee of RM30. Give the respondent's name and address and describe what happened and what you want.
The respondent is served with the complaint and may file a defence (Form 2), with a fee of RM10.
Hearing: the Tribunal hears both sides. Parties generally represent themselves. Lawyers are not allowed to appear unless the case involves complex issues of law, though you may get legal advice to prepare.
Award: the Tribunal must make its award without delay and, where practicable, within 60 days from the first day of the hearing (s 19).

Time limit: there is a time limit for lodging a complaint, so file as soon as you can and check the current limit with the Tribunal.

What the Tribunal can award

If the Tribunal finds that sexual harassment is proven, it may order the respondent (s 20) to:

issue a statement of apology to the complainant;
where the harassment happened in public, publish the apology in a manner the Tribunal thinks fit;
pay compensation or damages of up to RM250,000 for the loss or damage suffered;
attend a programme the Tribunal considers necessary.

It may also dismiss a complaint that is not proven or is frivolous or vexatious.

An award is final and binding (s 22) and can be enforced like a court order. Not complying with an award is a criminal offence (s 21).

The Tribunal issued its first award in 2024, ordering a male employer to apologise to a female employee whom he had physically sexually harassed.

Workplace complaints: employer duties under the Employment Act

The Tribunal route is separate from your employer's own duties under Part XVA of the Employment Act 1955, which since 2023 apply to all employees regardless of salary:

s 81B: the employer must inquire into a complaint. It may refuse only if the matter was already inquired into with no harassment proven, or the complaint is frivolous, vexatious or not in good faith, and must give written reasons within 30 days.
s 81C: if harassment is proven against an employee, the employer must take disciplinary action, which may include dismissal without notice, downgrading or a lesser punishment.
s 81D: you can complain to the Director General of Labour, who can direct the employer to inquire and report within 30 days, or inquire personally where the harasser is the sole proprietor.
s 81E: if the Director General finds that a sole-proprietor employer harassed you, you may resign without notice and still receive notice pay and termination benefits.
s 81F: an employer that fails in these duties commits an offence, with a fine of up to RM50,000 since the 2022 amendments.
s 81H: employers must display a notice raising awareness of sexual harassment at the workplace.

You can use the workplace process, the Tribunal, a police report, or several of these together.

Practical tips

Write things down early: dates, places, exact words or acts, and who saw or heard. Notes made at the time carry weight.
Keep digital evidence: take screenshots that show the sender, date and time, and back them up.
Say no clearly if it is safe to do so, and keep a record that you did.
Tell someone you trust, such as a colleague, friend or counsellor; they may later be a witness.
Do not retaliate online or post accusations publicly, which can expose you to a defamation claim. Use the Tribunal, your employer and the police instead.
If you are accused, respond to the complaint on time, keep your own records, and do not contact or pressure the complainant.

Where to get help

Tribunal for Anti-Sexual Harassment: under KPWKM, Putrajaya.
Labour Department (JTK): for complaints that an employer failed to inquire.
Police: if the conduct is a crime, such as outraging modesty, stalking or sharing intimate images.
Talian Kasih 15999: KPWKM's helpline for support and referral.
Legal advice: Legal Aid Department or Bar legal aid centres. See Getting legal help and Tribunals.

Laws cited on this page

Act 265	Employment Act 1955 · Akta Kerja 1955	Official text
Act 574	Penal Code · Kanun Keseksaan	Official text
Act 840	Anti-Sexual Harassment Act 2022 · Akta Antigangguan Seksual 2022	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 2	Defines sexual harassment: unwanted conduct of a sexual nature, in any form, that is reasonably offensive, humiliating or threatening to well-being.
s 3	Establishes the Tribunal for Anti-Sexual Harassment.
s 4	Appointment of the Tribunal's members.
s 19	Award to be made without delay, where practicable within 60 days of the first hearing day.
s 20	Orders: apology, published apology, compensation up to RM250,000, attendance at a programme.
s 21	Failing to comply with an award is a criminal offence.
s 22	Awards are final.
Employment Act s 81B	Employer's duty to inquire into complaints, or give written reasons within 30 days.
Employment Act s 81D	Complaint to the Director General of Labour, who can direct an inquiry.
Employment Act s 81F	Offence for employers who fail in these duties: fine up to RM50,000.
Employment Act s 81H	Duty to display a sexual harassment awareness notice at the workplace.

Worked examples

Example 1: Unwanted messages from a manager

Facts. Nadia, a clerk in Kota Bharu, keeps receiving late-night WhatsApp messages with sexual jokes and a photo from her branch manager. She has asked him to stop.

The law. Unwanted visual and verbal conduct of a sexual nature that is reasonably offensive is sexual harassment (s 2). Her employer must inquire if she complains (Employment Act s 81B). Separately, she can file at the Tribunal against the manager personally.

Outcome. Nadia should keep screenshots, complain in writing to HR, and if HR does nothing, go to the Labour Department. She can also file at the Tribunal for an apology and compensation.

Example 2: Harassed by a landlord

Facts. Mr Arjun's landlord repeatedly touches him and suggests rent "discounts" in return for sexual favours.

The law. The Act is not limited to the workplace, and men can be complainants. Physical and verbal conduct of this kind falls within s 2.

Outcome. Mr Arjun can file a complaint at the Tribunal (RM30 fee), and also make a police report because unwanted touching may be a crime.

Example 3: Compensation for counselling costs

Facts. After months of harassment by a co-worker, Liyana needed counselling and took unpaid leave. She proves her case at the Tribunal.

The law. The Tribunal may order compensation or damages of up to RM250,000 for loss or damage suffered, plus an apology (s 20).

Outcome. Liyana should bring receipts for counselling and evidence of lost pay. If the respondent does not pay, non-compliance is an offence (s 21).

Example 4: Employer ignores a complaint

Facts. A restaurant owner in Kuala Lumpur ignores a waitress's written complaint against the head chef for six weeks.

The law. The employer had to inquire, or give written reasons for refusing within 30 days (Employment Act s 81B). Failing to do so is an offence with a fine of up to RM50,000 (s 81F).

Outcome. The waitress can refer the matter to the Director General of Labour, who can direct the employer to inquire and report within 30 days (s 81D).

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Does the harassment have to happen at work?

No. The Act covers sexual harassment in any setting, such as at work, in education, in housing, in public or online. Workplace complaints can also go through the employer under the Employment Act.

How much does it cost to file?

The filing fee for a complaint (Form 1) is RM30. The respondent pays RM10 to file a defence. You do not need a lawyer.

Can I bring a lawyer?

Generally no. Parties represent themselves, and lawyers may appear only where the case involves complex issues of law. You can still get legal advice before the hearing.

What is the most the Tribunal can award?

Compensation or damages of up to RM250,000, plus an apology (published, if the harassment was in public) and an order to attend a programme (s 20).

What if the harasser ignores the award?

The award is final (s 22) and failing to comply is a criminal offence (s 21). Report the non-compliance to the Tribunal.

Should I go to the police or the Tribunal?

You can do both. The Tribunal gives civil remedies such as an apology and compensation. The police investigate crimes such as outraging modesty or sharing intimate images. A Tribunal complaint does not stop you from making a police report.

Is there a deadline for filing?

Yes, a time limit applies. Do not wait: file as soon as possible and confirm the current limit with the Tribunal.

All questions & answers → · Ask your own →

This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Employment Act 1955 Employment law: your rights at work Tribunals and alternatives to court Penal Code Domestic Violence Act 1994