Influencer’s death: M'sia needs stronger laws against cyber bullying

KUALA LUMPUR – Malaysia faces calls to enact specific and stronger laws against cyber bullying, after an offender was fined just RM100 (S$29) in a case linked to the death of social media influencer A. Rajeswary, better known as Esha.

Shalini Periasamy, 35, was fined by the Magistrate Court on July 16, after she pleaded guilty to using vulgar language on TikTok with the intent to incite anger to disrupt peace.

The owner of a private welfare home was charged under Section 14 of the Minor Offences Act, which carries a maximum penalty of RM100.

Executive director Glorene Das of human rights group Tenaganita told The Straits Times that Malaysia should follow the example of other countries, such as Singapore and the Philippines, which have specific laws against cyber bullying, making actions such as harassment and stalking a criminal offence. These countries impose severe penalties for cyber bullying resulting in serious consequences.

On Shalini’s penalty, Ms Das said: “Such a minimal fine fails to act as an effective deterrent and does not convey the serious repercussions of cyber bullying.

“Justice for the victims and their family requires a penalty that acknowledges their immense suffering; a RM100 fine trivialises the experience and falls short of delivering a sense of justice.”

She recommended more substantial penalties coupled with rehabilitative measures for those convicted.

Under Singapore’s Protection from Harassment Act, those convicted of causing harassment, alarm or distress, for example, face a fine of up to $5,000 or jail of up to six months, or both. For repeat offenders, this increases to a maximum of $10,000 in fine or imprisonment of up to 12 months, or both.

Human rights lawyer Siti Kasim told ST that Malaysia should amend the laws or create new legislation – as long as there is a precise legal definition encompassing various forms of online harassment so that offensive and threatening behaviours are addressed.

“As someone who has been cyber bullied, I believe that cyber bullying must also be defined as a series of non-stop harassment or a concerted effort by a group of people to continuously harass and belittle someone,” said Ms Siti.

Miss Rajeswary, 30, was found dead in a condominium unit in Setapak, Kuala Lumpur, on July 5, a day after lodging a police report against two people for allegedly harassing her on TikTok. It is believed that she took her own life after being harassed and threatened with murder and rape for more than a month.

Women’s Aid Organisation’s former president Ivy Josiah told ST that it is high time that the government convene a committee to review existing legislation and create a new law if the current provisions are insufficient.

“We tend to have short memories, only raising a ruckus every time there is an incident and then moving on to the next crisis,” said Ms Josiah. “So I want to boldly suggest that a new law to prevent and punish cyber bullying be called Esha’s Law. We must never forget what happened to her and others like her.”

Another person, 44-year-old lorry driver B. Sathiskumar, was also charged in a case related to Miss Rajeswary’s death. He allegedly posted lewd comments with the intention to annoy others under Section 233(1)(a) of the Communications and Multimedia Act (CMA).

This offence carries a fine of up to RM50,000, imprisonment of up to one year or both, with an additional fine of RM1,000 for each day the offence continues after conviction.

He pleaded guilty on July 16.

Ms Josiah said the Attorney-General’s Chambers (AGC) must clarify why Shalini was not charged under the CMA instead.

Communications Minister Fahmi Fadzil, who had expressed his disappointment with the RM100 fine, said he was informed by the AGC that the punishment was based on the evidence collected.

The minister added that the Cabinet had agreed on July 19 to establish a special multi-ministry committee to address cyber bullying.

“The Cabinet is of the view that there should be sterner action against social media platforms in cyber-bullying issues. They cannot just wash their hands, they must be equally responsible for tackling such issues,” said Mr Fahmi.

The committee will study the legal aspects and make amendments to the laws, as well as “take any other actions that we feel are necessary to deal with the issue of cyber bullying”, he added.

Miss Rajeswary’s death is not the first in the country related to cyber bullying. In August 2022, a 44-year-old private tutor and mother of three, Ms N. Sashikala, was found dead, hanging by a noose made out of a saree, by her daughter K. Khirthika.

The daughter told local English-language daily, The Sun, that her mother had been taunted by many TikTok users and consistently harassed by a man. She had lodged police reports against the man for sexual harassment but did not report that she was being cyber bullied.

According to the Communications and Multimedia Commission, the number of complaints it has received for cyber bullying has been declining. In 2021, it registered 4,569 complaints and in 2022, it received 4,128 reports. In 2023, there were 3,737 complaints.

Asked if a new law against cyber bullying may infringe on freedom of speech, Ms Josiah said there are exceptions to free speech, such as comments that incite violence and harassment, and threats.

“Cyber-bullying laws often fall under these exceptions. We must also ensure judicial oversight, whereby the courts will play a crucial role in interpreting cyber-bullying laws and ensuring that they do not infringe upon legitimate free speech rights,” she added.