Bullying beyond schools and workplaces

This write-up was published in the Sun on 17 Oct 2024 pg.10

Bullying in schools, workplaces, and on social media has been increasingly highlighted in recent headlines. Is this issue more rampant now? Not necessarily. Bullying has long been a significant problem, but increased awareness and expanded reporting platforms have brought it more into the spotlight. Social media, in particular, has extended bullying beyond traditional environments, allowing cyberbullying to occur anytime and anywhere. This makes it more pervasive, persistent, and harder to escape, which can give the impression that bullying is more common today.

Bullying is often viewed as a social malaise, but it is actually both a social and psychological problem, involving complex interactions between individual behavior and societal dynamics. Its causes are multifaceted, including power imbalances, social hierarchies, and psychological factors like insecurity, aggression, or a desire for control. Women and girls, especially, are often disproportionately affected by bullying, typically by men in positions of power. Factors like power dynamics and psychological motivations often contribute to this behavior, where traditional gender roles and societal norms perpetuate male dominance. Men who bully women often have underlying psychological issues such as low self-esteem, a need for validation, or past experiences of abuse. These issues can drive them to project their insecurities onto others, particularly women they perceive as vulnerable.   

In Malaysia, school and workplace bullying are handled by the Ministry of Education and other relevant ministries and government agencies, while cyberbullying is addressed by the Malaysian Communications and Multimedia Commission (MCMC). Despite these efforts, improvements in policies and enforcement are needed to more effectively address bullying in all its forms.

One overlooked area is perhaps bullying within private sports and social clubs, as well as thousands of societies/associations such as Residents’ Associations; including political parties and NGOs, all of which come under the purview of the Registrar of Societies (ROS) in the Ministry of Home Affairs. These entities play an important role in community bonding, but bullying can lead to divisions and a less cohesive community. Addressing bullying in these settings will foster healthier communities and reinforces positive social standards.

A recent case of blatant bullying of a lady member through abuse of power by its leadership in a prominent sports and social club of Royal status in the Klang Valley has underscored the need for ROS to take a more proactive role in ensuring good governance in clubs to curb this bullying issue. Bullying within a club, particularly when involving individuals in authority/power who selectively enforce rules or apply discriminatory punishments, -- to the extent of breaching club constitutional rules to impose a wrongful conviction -- undermines the integrity of the club and alienates members. The Societies Act provides a framework for overseeing club activities, but enhancements to this oversight could offer better protection to members, especially if good governance based on the rule of laws is emphasized. Suggestions include:

1. Strengthen Oversight and Monitoring Mechanisms

Enhanced Reporting Systems: ROS could implement a reporting mechanism (much like the ADU@KL of DBKL) where members can complain and report instances of bullying, discrimination, or unfair treatment without fear of retaliation. This would allow issues to be addressed at an early stage before they escalate to legal suits in court.

Regular Audits and Inspections: ROS could conduct more frequent and unannounced audits of clubs -- especially for those with a track record or history of disputes and court cases with members -- focusing on compliance with constitutional rules and byelaws. Audits could include reviews of how rules are enforced and whether there is evidence of discrimination or bias.

External Ombudsman: Establishing an independent ombudsman for clubs and societies could provide a neutral party to whom grievances can be reported. This role could ensure that all complaints are investigated fairly and that corrective actions are taken in a timely manner.

2. Clearer Guidelines on Governance and Accountability

Transparent Rule Enforcement: ROS could mandate that clubs provide clear, written policies on how rules are enforced, including specific criteria for punishments and disciplinary actions. This would help ensure that enforcement is consistent and fair. In the case cited above, the lady member was punished disproportionately with 3 months’ suspension and RM 500 fine based on a wrongful conviction. This double punishment is rare and unprecedented in the club, and is widely perceived by club members as a case of bullying, selective prosecution and victimization.

Mandatory Training for Club Officials: Implementing mandatory training for club officials on ethical leadership, anti-bullying, and anti-discrimination practices would help foster a more inclusive environment. This training could be required by ROS as part of the process for elected or appointed club positions.

Governance Audits: Periodic governance audits by ROS could assess the fairness and transparency of decision-making processes within clubs. These audits could be used to evaluate the extent to which officials adhere to ethical governance standards and rules of law.

3. Enhanced Legal Recourse and Enforcement

Stronger Legal Consequences for Misconduct: ROS could work with legal authorities to establish clearer legal consequences for club officials who engage in bullying or discriminatory practices. This could include penalties for clubs and individual officials that fail to take action against bullying or are themselves involved in bullying!

Empowered Mediation and Arbitration Services: Offering mediation and arbitration services through ROS could provide a formal pathway for resolving disputes between members and leadership. This could be an alternative to legal action, providing a quicker, less costly way to address grievances.

In conclusion, it goes without saying that regular reviews of the Societies Act would help keep governance practices of clubs and societies up-to-date with current challenges, including the issues of bullying. This review process could include input from members of the public, legal experts, and civil society to ensure a broad perspective on needed updates.