A LORRY driver and a welfare home owner were separately brought to court today over communication offences on TikTok linked to the death of social media influencer A. Rajeswary, better known as Esha.
According to reports in The Star, lorry driver B. Sathiskumar, 44, pleaded guilty to the charge of posting lewd comments on TikTok using the profile “@dulal_brothers_360” with the intention of annoying others at 10.12pm on June 30.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act (CMA) 1998.
He faces a fine of up to RM50,000 or 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 faced a second charge of posting lewd comments with the intention to outrage the modesty of Esha’s mother, PR Puspa, 56, at 10.15pm on the same day.
The offence under Section 509 of the Penal Code provides for imprisonment of up to five years or a fine or both, upon conviction.
Sathiskumar claimed trial to the second charge.
Deputy Public Prosecutor Mohd Sabri Othman said what the accused had done amounted to cyberbullying, causing severe emotional stress to the victim.
“In this case, the victim was found dead after the lewd communication was posted by the accused,” he said.
He also said the case had garnered significant public attention, including from the government and civil society organisations.
The DPP pressed for a high bail amount and 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.
He said he earned about RM1,000 monthly from driving a lorry and suffers from chest pains, diabetes, and high blood pressure.
Sessions Court judge Siti Aminah Ghazali fixed bail at RM36,000 for both cases.
She ordered the accused to surrender his passport to the court until the disposal of his case and to report to the police station monthly, The Star reported.
Siti Aminah also postponed the sentencing for the first charge, where he pleaded guilty under Section 233(1)(a) of the CMA, to give him time to find a lawyer for the second charge where he claimed trial.
The court set August 16 for case mention.
At the Magistrate's Court, a welfare home owner was fined RM100 in default of seven days imprisonment for deliberately uttering vulgarities with the intention to incite anger and cause a disturbance through her TikTok account.
Shalini Periasamy, 35, 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 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 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 Esha to lodge a police report.
DPP Nur Hafiezah Mohamed Fauzi prosecuted.
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. – July 16, 2024.
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