By Natasha Jee & Alexandra Lorna
Good Samaritans – Part 2
This is part two of a three-part series exploring on why Malaysia should consider enacting a Good Samaritan Act. In this series, we explore the issue from multiple perspectives – including psychological insights, legal viewpoints, and the broader social and cultural context – to better understand how such legislation could take shape within Malaysia.
Courage and the Law
THE call to introduce a Good Samaritan Act in Malaysia has gained momentum, with experts highlighting its potential to transform societal responses in crises.
The proposed law, safeguarding individuals who assist during emergencies, is viewed as crucial for encouraging more Malaysians to act without fear of legal repercussions.
In Malaysia, numerous incidents have seen ordinary citizens step up in times of danger, from road accidents to natural disasters. However, hesitancy persists as a barrier.
Many worry about being blamed or sued if something goes amiss, leading to a conflict between moral instinct and legal uncertainties.
Forensic psychologist and hypnotherapist, Dr Benfadzil Mohd Salleh, an expert in crisis behaviour, believes the Good Samaritan Act could offer protection and motivation.
“This Act would be a turning point for Malaysia, making heroism not only celebrated but also safeguarded,” he said to Sarawak Tribune.
He envisions this Act as a milestone for Malaysia, where heroism is not just celebrated but safeguarded, providing a psychological green light for potential helpers.
“Knowing they are protected can reduce hesitation and increase willingness to help. Everybody wants to do a good deed not for recognition alone but with a sense of responsibility of ‘I did my part even if my part is not good enough’,” he added.
Why some step forward and others don’t
From a psychological perspective, Dr Benfadzil said the willingness to risk one’s life to help others is often rooted in pro-social behaviour.
“Some individuals feel an overwhelming empathic concern that overrides self-preservation instincts.
“Evolutionary psychology also suggests that humans evolved in small, interdependent groups, where helping others increased the survival of the whole community,” he said.
But is this instinctive or learned? According to him, both play a role.
“The instinctive part comes from an automatic emotional response – the same fight-or-flight system that can also trigger a ‘fight for others’ response.
“The learned part comes from upbringing, moral education and exposure to role models who value courage and altruism. In Malaysia, cultural teachings from family, religion and community norms strengthen this learned component,” he said.
Certain personality traits also make individuals more likely to help in dangerous situations, he added.
“High empathy, strong moral integrity, emotional stability under stress and even moderate impulsivity are common traits.
“In Malaysia, individuals with the ‘gotong-royong’ attitude – communal cooperation – often score higher in such traits. It’s a culture where people gather together and help without caring about race, religion, or politics, guided by the simple inner statement of ‘I did my part’,” Dr Benfadzil explained.
Influence of past experiences
Dr Benfadzil noted that past experiences strongly shape how people react in emergencies.
“Those with first aid training, military service, volunteer work, or prior trauma may react faster because their brain has a ready-made script for action,” he said.
“For example, a person trained in cardiopulmonary resuscitation (CPR) is far less likely to hesitate when seeing someone collapse.”
Yet, he pointed out that many ordinary citizens hesitate when medical assistance is required.
“Most people will shy away due to lack of training or fear of making a mistake. This is often linked to the fear of being blamed if something goes wrong or being taken to court,” he added.
The bystander effect and the split-second decision
One of the biggest barriers, according to Dr Benfadzil, is the bystander effect – when people freeze, assuming someone else will act.
“Everybody waits for somebody, and in the end, nobody bothers due to lack of ability to assist.
“But those who overcome it often see themselves as the person responsible, not just part of the crowd. Confidence, leadership tendencies and moral urgency play an important role,” he said.
In those crucial seconds before helping, the brain processes danger, feasibility, and moral obligation at lightning speed, he added.
“Adrenaline sharpens focus, while empathy drives the decision towards action. The spontaneous thought of ‘What can I do and what should I do?’ flashes in the mind before action is taken,” he said.
Why a Good Samaritan Act matters
Dr Benfadzil strongly supports the proposal by Alliance for a Safe Community’s Chairman, Tan Sri Lee Lam Thye, to legislate a Good Samaritan Act.
“It recognises and protects those who act selflessly, aligning legal safeguards with our moral values.
“Fear of legal repercussions can deter people from helping – this Act can address that gap,” he said, stressing the importance of public awareness campaigns to ensure citizens know they are protected.
He added that the Act would serve not only as legal protection but also as moral encouragement.
“Legal protection removes that fear, allowing moral instinct to guide action. The public needs to know that they are protected should anything happen to them. It gives anyone a sense of security for not being apprehended by the law or not being blamed should anything go wrong,” he explained.
Risks faced by helpers
While many focus on the heroism of rescuers, Dr Benfadzil highlighted the psychological risks they face afterwards.
“Helpers may suffer secondary trauma, survivor’s guilt, or stress from replaying the event in their minds. The question of ‘why’ will always linger until a suitable and acceptable answer is found,” he said.
To support these individuals, he suggested psychological debriefing, counselling and community recognition as well as providing a peer support network.
“Society is strong in giving credit and taking it back too – both ways are possible. Recognition not only helps them heal but also inspires others,” he added.
A turning point for Malaysia
In Malaysia, cultural and religious values play a powerful role in motivating people to help.
“All religions – Islam, Christianity, Buddhism, Hinduism and others – place strong emphasis on helping others. Community-oriented values, such as neighbour unity, encourage intervention even in risky situations,” said Dr Benfadzil.
He said in essence, while courage may be instinctive for some, the environment we create – through values, training, and legal protection – determines how many will step forward.
“The Good Samaritan Act could be a turning point for Malaysia, making heroism not only celebrated but also safeguarded.
“It is an important aspect of being a good Malaysian citizen – to be recognised and protected, a boost to both courage and community spirit,” he said.
Saving lives, facing lawsuits?
A senior lawyer, Shankar Ram Asnani, also supports the call for the government to consider enacting a Good Samaritan Act to protect those who step forward during emergencies.
He said Malaysia already has ample laws that could provide protection, however there is still no specific legal framework to shield Good Samaritans from criminal or civil liability when they act in good faith to help others.
“Of course, it is a good idea to introduce specific legislation to deal with this purpose – but like all laws, it can be abused,” he told Sarawak Tribune.
Currently, well-meaning individuals who intervene in accidents or emergencies face real legal risks.
Shankar explained that if their actions unintentionally cause harm, they could still face criminal prosecution or be subjected to civil lawsuits.
“They could face liability for damage caused to people, like injury. So, all these are very broad areas of the law,” he said.
He then gave the example of an untrained swimmer who saves a drowning child but accidentally breaks the child’s arm while pulling him out of the water.
“In the case of a Good Samaritan, if I wait to call a trained swimmer to come and protect the boy, I think it will be too late,” he said.
Education and civic values
While supporting the idea of a Good Samaritan Act, Shankar stressed that it must be implemented alongside public awareness, enforcement and education.
“It is not just passing laws that are good for the country. It is also ensuring public awareness, the effectiveness, the implementation, then the enforcement agencies also should be appraised and should understand the very purpose of it,” he said.
He said prosecutors, police and other enforcement officers must also be trained to interpret the law correctly.
“Even the Deputy Public Prosecutors in the Attorney General’s Chambers should also be appraised. People should be trained to understand this law and how they come out to help,” he said.
For Shankar, legal protection is only one side of the equation and the other lies in nurturing a society that values compassion and responsibility.
“Good Samaritan laws are basic human values. These must be taught from young – in schools, with proper moral values and civic consciousness,” he stressed.
Thus, he said, Malaysia’s education system must continue to instill these values.
“Being educated doesn’t mean you finish secondary school, go to university, get a master’s, or even a PhD. Being educated is being properly educated, from kindergarten onwards, with moral values, civic consciousness and a sense of responsibility,” he said.
Good Samaritan laws are already established in developed countries, where they shield rescuers from liability as long as their actions are reasonable and carried out in good faith.
Shankar said Malaysia could adopt a similar framework but stressed the importance of adapting it carefully to local needs and realities.
“In other countries, especially when they are advanced, they study the context of their people.
“They also gather data, consult experts and debate in Parliament before passing such laws. As such, we also need to consider all those aspects,” he said.
Preventing misuse and recklessness
One of the concerns surrounding such legislation is that it could unintentionally encourage recklessness.
Shankar acknowledged this risk but said it depends largely on the maturity of society.
“Reckless behaviour can be anywhere. It depends on the society. If they are highly educated and properly taught, the issue of recklessness will be less,” he said.
He noted that while laws can be misused, Malaysia already has adequate legal mechanisms to address those who step outside the intended scope of protection.
“If they step outside the purpose of the law, then they are not protected, then they can face criminal prosecution or civil action,” he said.
On the scope of protection, Shankar said a Good Samaritan Act should apply broadly and inclusively.
“This Act should cover everyone. For example, a passerby. It should cover everyone without discrimination,” he said.
He said this includes protecting ordinary individuals, non-governmental organisations (NGOs) and even off-duty medical professionals.
Sarawak’s spirit of kindness
Shankar further said in the case of Sarawak, people are already naturally inclined to help during accidents and emergencies.
“As it is in Sarawak, people are already kind enough. They go out to help people during accidents, emergencies and all that. In Sarawak, we are very different. People here are very helpful, kind,” he said.
Nevertheless, he said kindness alone is not enough and without legal protection, even the most well-intentioned rescuer could still face unnecessary risks.
Asked whether Sarawak could consider introducing such a law on its own, Shankar said matters of this nature must be legislated at the federal level.
“This particular provision that governs the whole public, under the Constitution, it’s got to be implemented nationwide, not Sarawak-wide,” he said.
The proposal for a Good Samaritan Act was raised by Tan Sri Lee Lam Thye, who said such legislation could encourage Malaysians to be more proactive in helping one another.
Shankar agreed with Lee’s proposal but said that society must be ready for such a law.
“For our country to grow, good laws are always important. But you also need enforcement, and you need to educate people about the law.
“It has so many interrelated matters that have to be considered,” he said.
What is a Good Samaritan?
The term ‘Good Samaritan’ originates from a biblical parable, where a passerby stopped to help a stranger in need.
In legal terms, a Good Samaritan is someone who provides assistance in an emergency to an injured or ill person.
If the victim is unconscious or unresponsive, the Good Samaritan law can act under the assumption of implied consent.
However, if the person is conscious and able to respond, the rescuer should first ask for permission before offering help.
● Source: National Library of Medicine
Did you know?
The first Good Samaritan law in the United States was enacted in California in 1959. It was created to encourage doctors to step in when they recognised a medical emergency occurring outside a hospital or clinic.
This law served as a precedent that encouraged other states to follow suit and enact similar protections.
● Source: American Medical Association Journal of Ethics
