2 in M'sia accused of cyber bullying in death of influencer

KUALA LUMPUR – Two people have been brought to the Sessions and Magistrate’s courts over communication offences on TikTok linked to the death of social media influencer A. Rajeswary, better known as Esha.

The case was touted to be the first of its kind involving a cyber-bullying victim.

Ms Esha was found dead in a condominium unit in Setapak on July 5, a day after lodging a police report at the Dang Wangi police station over threats made against her.

The first accused, lorry driver B. Sathiskumar, pleaded guilty to a charge of posting lewd comments on TikTok using the profile “@dulal_brothers_360” with the intention to annoy others at 10.12pm on June 30.

The 44-year-old was charged under Section 233(1)(a) of the Communications and Multimedia Act (CMA) 1998 and faces a fine of up to RM50,000 (S$14,400), imprisonment of up to one year, or both, with an additional fine of RM1,000 for each day the offence continues after conviction.

Sathiskumar also faces a second charge of posting lewd comments with the intention to outrage the modesty of Ms Esha’s mother, Ms PR Puspa, 56, at 10.15pm on the same day.

The offence is framed under Section 509 of the Penal Code, which provides for imprisonment of up to five years, a fine, or both upon conviction.

Sathiskumar claimed trial to the second charge.

Deputy Public Prosecutor (DPP) Mohd Sabri Othman said what the accused had done was cyber bullying, causing severe emotional stress to the victim.

“In this case, a victim was found dead after the lewd communication was posted by the accused,” he said.

DPP Mohd Sabri added that the case had garnered significant public attention, including from the government and non-governmental organisations, and he pressed for a high bail amount.

The DPP offered RM25,000 in one surety for each of the charges.

Sathiskumar, who was unrepresented, told the court that his wife is a disabled person and he has three children, two of whom are still studying.

Sessions Court judge Siti Aminah Ghazali fixed bail at RM36,000 for both cases.

She also ordered the accused to surrender his passport to the court until the disposal of his case and to report to the police station monthly.

As Sathiskumar had claimed trial to the second charge and wanted legal representation, Siti Aminah postponed the sentencing for the first charge, to give him time to find a lawyer.

The case is set for mention on Aug 16.

Meanwhile, at the Magistrate’s Court, Shalini Periasamy, the owner of a private psychiatric care nursing home, was fined RM100 in default of seven days’ imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.

Magistrate S. Arunjothy imposed the fine on Shalini, 35, after she pleaded guilty to the offence committed via her TikTok account “alphaquinnsha” at around 4.10am on July 1.

She was charged under Section 14 of the Minor Offences Act, which provides for a maximum fine of RM100, upon conviction.

According to the statement of facts, the complainant, a social activist, had come across Shalini’s TikTok account, where she had defamed Ms Esha and made several threats to harm her in an intimidating tone.

Shalini had also gone live on TikTok, making threats against those who opposed her, which led Ms Esha to lodge a police report.

DPP Nur Hafiezah Mohamed Fauzi prosecuted.

Outside at the courtyard, a solemn air of grief lingered over Ms Esha’s family and friends.

Ms Esha’s family members and friends were seen exiting the court complex with sombre looks after proceedings concluded.

Shalini was then spotted confidently strutting out of court while posing for media cameras after paying the fine.

A close friend of Ms Esha who wanted to be known only as Sheenz said she felt extremely distraught at Shalini having been released on a fine of RM100.

“It is truly unfair after everything she has done and that she will continue to do.

“I’m worried she may negatively influence our younger generation who watch her live sessions on social media,” she said to The Star.

Social activist Tamilan Eswaran shared equal disappointment, but hoped that Ms Esha’s cyber-bullying case will act as a crux to advocate for greater measures against cyber bullying.

“We are optimistic that this case will set the precedent for future cases to also be liable for court,” he added. – THE STAR/ASIA NEWS NETWORK