Good Samaritans – Part 3
This is the final part of a three part series exploring why Malaysia should consider enacting a Good Samaritan Act. Over the course of this series, we have talked to a health expert, policymaker, non-governmental organisation (NGO), and the public on the urgent need for legal protection for those who step in during emergencies.
THE country is one step closer to introducing a Good Samaritan law, with Health Minister Datuk Seri Dzulkefly Ahmad giving his assurance that the Good Samaritan principle will be incorporated into the proposed Pre-Hospital Care Act, which is currently being drafted by his ministry.
He said the Bill, aimed at offering legal protection to individuals who render emergency assistance out of goodwill, was expected to be tabled in parliament by the end of this year or early next year.
“This is something I have been advocating since my first term, and I am committed to continuing this effort during my second term. This is a personal commitment, and one that the ministry is determined to fulfil,” he was quoted as saying in a news report in April this year.
Dr Dzulkefly said the ministry’s Medical Development Division, led by Dr Mohd Azman Yacob, was working with the Legal Affairs Division under the Prime Minister’s Department to ensure a smooth implementation of the law, which is expected to encourage more trained members of the public to step in during emergencies.
He added that the legislation would shield those performing life-saving interventions, such as Cardiopulmonary Resuscitation (CPR), from legal repercussions in the event of unforeseen outcomes.
Deputy Premier Datuk Amar Dr Sim Kui Hian described the proposal as timely, noting that such protection was increasingly necessary in today’s society and would encourage more people to act without fear of litigation.
“In times of emergency, most people are grateful for help, whether it’s medical or otherwise. But increasingly, in our setting, there are a lot of legal concerns.
“So, the Act is timely because sometimes, someone with good intentions to help people might end up being sued,” he told Sarawak Tribune.
Dr Sim, who is also Public Health, Housing and Local Government Minister stressed that any such law should be implemented uniformly nationwide to avoid disparities between states.
“We don’t want a situation where someone is protected in Sarawak, but not in Sabah, Penang or Johor,” he said.
Act empowers Malaysians to save lives
Sarawak Patriots Association (SPA) president Datuk Dr John Lau who welcomed the proposal, said the Good Samaritan Act could mark an important turning point in shaping civic responsibility and social behaviour in Malaysia.
He explained that the law is designed to safeguard individuals who assist others during emergencies, provided their intentions are genuine, with the goal of encouraging more people to offer help in times of crisis without fear of legal consequences.
“By offering legal protection to those acting in good faith, the law aims to remove hesitations that may prevent timely assistance.
“However, it is crucial that the law is carefully crafted and enforced to prevent misuse and to ensure both the well-being of the victim and the protection of those offering aid,” he said.
From a criminologist’s perspective, Lau stressed that the absence of a Good Samaritan Act in Malaysia may probably have discouraged public intervention during emergencies due to fears of potential legal consequences.
“Without clear protection, people may hesitate to help, concerned about being blamed if something goes wrong or accused of negligence,” he said.
Citing a recent case in Kuching on Aug 3, he said a motorcyclist lay injured following an accident along Jalan Keretapi, however some bystanders were afraid to step forward to assist.
“This is the kind of bystander effect that a Good Samaritan law could help address. Legal reassurance can encourage more people to take proactive steps, knowing that their good intentions will not be punished,” he said.
He added that legal protection plays a crucial role in encouraging civic responsibility and public willingness to assist in times of crisis.
“When people feel confident that their actions will not lead to lawsuits, they are more likely to intervene responsibly and with compassion,” he said.
At the same time, Lau cautioned that safeguards must be built into the law to prevent misuse.
On safeguards to prevent abuse of the Act, Lau stressed that protection should only apply to reasonable care in emergency situations and exclude reckless or malicious acts.
“Good faith action should be the basis. The law should specify that assistance is limited to immediate emergencies and basic aid,” he said.
He added that providing training in first aid and emergency response can help ensure appropriate actions are taken.
While no widely publicised cases of Good Samaritans being penalised in Malaysia or Sarawak have surfaced, Lau noted that hesitation to help remains due to fear of legal consequences.
He said the proposed law could learn from this by clarifying legal protections, educating the public on their rights, and introducing penalties for false claims.
On broader implications, Lau highlighted that the Act could also strengthen community policing and crime prevention efforts.
“It promotes community cooperation, builds trust between citizens and police, prevents crime by encouraging early intervention, and reduces fear of retribution,” he said.
He added that empowering citizens with legal safeguards would support law enforcement and foster stronger social cohesion.
“Ultimately, the Good Samaritan Act aligns with Malaysia’s wider efforts in community policing by encouraging civic engagement and enhancing public safety,” Lau said.
On whether Malaysia is ready for such legislation, he said that the act involves cultural and legal considerations.
“Culturally, while community values are strong, fear of liability and social judgment often discourage intervention in emergencies. To address this, public education campaigns highlighting the importance of helping others and emphasising legal protections are essential.
“Legally, Malaysia lacks a comprehensive framework for Good Samaritans, with only limited protections under negligence laws. Clear legislation is needed to define what constitutes ‘reasonable help’ and protect individuals from legal repercussions.
“Additionally, the judiciary must be educated on fair enforcement. Steps toward readiness include drafting the law, launching public education campaigns, providing emergency training and testing pilot programmes in regions like Sarawak.
“With these efforts, Malaysia could successfully implement a Good Samaritan Act, promoting civic responsibility and legal protections for those helping in emergencies,” he said.
Dr Lau further noted that while SPA itself focuses on matters concerning the Malaysia Agreement 1963 (MA63) and Sarawak rights, other organisations such as the Sarawak Civil Awareness Association (SCAA) —which will soon be renamed the Sarawak Crime Prevention Association — are expected to take on public education and advocacy roles in relation to the Good Samaritan Act.
“NGOs are vital in lobbying lawmakers, educating the public, monitoring the implementation of the law, and building public trust in its effectiveness. Their contribution will help ensure that the Act is not only passed but also meaningfully practised,” he said.
Meanwhile, Kota Sentosa assemblyman Wilfred Yap also voiced his strong support for the introduction of a Good Samaritan Act in Malaysia, saying it would give ordinary Malaysians the confidence to help in emergencies without fear of being sued or prosecuted.
“Too often, hesitation costs precious minutes in situations like accidents, sudden cardiac arrest, or medical distress — moments that could mean the difference between life and death,” he said.
Yap pointed out that many people today are reluctant to step in because they are unsure of the legal consequences.
“By providing protection for those who act in good faith and without gross negligence, the Act would remove that fear and encourage more bystanders to assist.
“This will allow more people to render immediate help, whether by performing CPR, assisting accident victims, or using an Automated External Defibrillator (AED) before professional help arrives,” he added.
He highlighted that other Commonwealth countries such as the United Kingdom, Canada, Australia and India have already demonstrated the effectiveness of Good Samaritan protections.
In India, for example, safeguards for Good Samaritans have improved public willingness to help road accident victims, leading to faster emergency responses and better survival outcomes, he added.
“Introducing this Act in Malaysia will not only save lives, it will also strengthen our culture of compassion, civic responsibility and community solidarity.
“By combining legal protection with public education on first aid and emergency response, we can empower more people to act when lives are at stake.
“Helping others in their moment of need is part of our Malaysian identity. A Good Samaritan Act ensures the law stands firmly behind those who act with courage and kindness,” said Yap.
Members of the public also concur with the initiative
Public response has also been positive, with voices welcoming the Act as both a safeguard and a catalyst for stronger community care.
Joseph Teo said the law would encourage more people to lend a hand in emergencies without fear of lawsuits.
“Many people want to help, but they are fearful of being sued. For example, a man offering assistance to a woman might risk being accused of sexual harassment.
“That is why having a Good Samaritan law in Malaysia would be a great help, not only for trained first aiders but also for the public,” he said.
For Lions Club of Kuching North president Chong, the proposed Act represents more than legal protection — it embodies the spirit of community care.
“This Act is very meaningful because it enables good Samaritans to do good deeds for those in need.
“When family members are not around during emergencies, a Good Samaritan can step in, call for help, and ensure immediate care is given before professionals arrive. Such protection would allow more people to act with compassion and without fear,” she said.
She added that the move would also inspire greater community solidarity, with more organisations and individuals contributing to medical aid, equipment and support services for the less fortunate.
With the federal government aiming to pass the law by early next year, with strong backing from the state, civil society and the public, the Good Samaritan provision is gaining momentum as a landmark measure to protect those who act with courage and kindness in moments of crisis.
