An Overview of the Anti-Sexual Harassment Tribunal

Written by Iman Balqis Naser and Samantha Guang

The Tribunal for Anti-Sexual Harassment (‘TAGS’) was established under Malaysia’s Anti-Sexual Harassment Act 2022 (Act 840) (‘the Act’) as an accessible, and cost-effective alternative to civil courts for victims seeking redress for sexual harassment.

Jurisdiction of TAGS

TAGS is empowered to hear and determine complaints relating to sexual harassment as defined under the Act. It does not have investigatory powers, instead, it focuses on adjudicating cases and granting appropriate remedies.

Sexual harassment under the Act refers to any unwelcome sexual conduct — whether verbal, non-verbal, visual, gestural, or physical — that causes offence, humiliation, or poses a threat to a person’s well-being.

Who Can File a Complaint?

Complaints may be filed by the victims directly or by a guardian or ‘next friend’ on behalf of a minor or a person with a disability.

To initiate a complaint, the complainant must complete Form 1 (available online or at TAGS’ office) in four copies and submit them with a RM30.00 filing fee at the TAGS counter located at the Ministry of Women, Family and Community Development in Putrajaya.

Summary of Proceedings After Filing Form 1

1. Submission: Upon receiving Form 1, TAGS will seal and return two copies to the complainant for record and service on the respondent. TAGS will retain two (2) copies of Form 1.
2. Service: The complainant must serve Form 1 on the respondent within fourteen (14) working days via hand delivery, registered post, or affixing it to the respondent’s last known address.
3. Defence: The respondent has a right to defend themselves by filing 4 copies of Form 2 within fourteen (14) working days after the date of receipt of Form 1, along with a RM10.00 fee at TAGS’ counter.
4. Hearing: A closed hearing is held before a panel of three (3) Tribunal members. Legal representation for parties is generally not permitted unless legal complexities arise. Witnesses and evidence are permitted.
5. Settlement: Parties can negotiate for a settlement, and if successful, the settlement agreement will be recorded before the Tribunal as a binding outcome.

Tribunal Orders & Enforcement

If the Tribunal finds in favor of the complainant, according to s 20 of the Act, the Tribunal may issue an Award with one of more of the following orders:

1. Order a written or public apology from the respondent;
2. Award compensation up to RM250,000.00; and/or
3. Mandatory participation in programs that the Tribunal deems necessary.

Failure to comply with the Award is a criminal offence under s 21 of the Act, punishable by a fine (up to twice the compensation amount), imprisonment (up to two (2) years), or both.

Additional Key Features of TAGS

1. No dual filing: A complainant may not pursue the same matter before both TAGS and the civil courts simultaneously.
2. Limited Retroactivity: TAGS only has jurisdiction over incidents occurring after 8 March 2024.
3. Challenge of Awards: The Award may only be challenged in the High Court for serious procedural irregularities.
4. Enforcement of Awards: Awards issued by TAGS are legally binding and enforceable as court orders. Civil or criminal action may be initiated for non-compliance.
5. Finality of Awards: Awards are final and conclusive, with no provision for amendment, except for editorial errors.

Conclusion

The establishment of the Anti-Sexual Harassment Tribunal signifies a progressive step in improving access to justice for victims who have suffered from sexual harassment. By providing a victim-centric, affordable, and efficient avenue for redress, TAGS enhances the legal framework addressing sexual misconduct in Malaysia.

This initiative under the Ministry of Women, Family and Community Development is timely and commendable. With the Act now in force, perpetrators of sexual harassment are more likely to face swift consequences, marking a significant shift in the country’s commitment to combating sexual harassment. 

Published on 15 April 2025