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THE time has come for Malaysia to strengthen its legislation to address cyberbullying as well as creating more awareness through education to curb the problem, experts said.
They told The Vibes that current laws needed to be updated with clear definitions and harsher penalties following the death of content creator Rajeswary Appahu, better known as Esha, as a result of cyberbullying on TikTok earlier this month.
They also expressed disappointment with the RM100 fine imposed on a welfare home owner, P Shalini, 35, for uttering vulgarities and abusive words via her TikTok account against Rajeswary.
Also charged was 44-year-old lorry driver B Sathiskumar, who was accused of intentionally making obscene remarks with the intention of hurting others through his TikTok account, Dulal Brothers 360.
Dr Geshina Ayu Mat Saat of University Science Malaysia said that there is an urgent need to create and enforce specific laws related to bullying.
The senior lecturer at the School of Health Sciences said it has been more than a decade that various civil society groups have been voicing out their concerns over the matter and only now is it being taken seriously after someone has lost their life.
"Since there is currently no specific law on the crime of bullying (cyber and physical), there are several legal alternatives that can be used by the authorities depending on the facts of the crime.
"The law that can be used depends on several issues, for example the definition of bullying itself, the context of bullying, the description of the perpetrator/suspect, the description of the victim, and the harm/pain/impact of bullying experienced by the victim.
"Bullying is a phenomenon that is complex and accompanied by interrelated factors. In fact most of the factors have criminal elements.
"Bullying can be prevented by using several approaches such as combined psychosocial, criminological and legal approaches. Both individuals who are at risk of becoming bullies and individuals who are vulnerable to becoming victims have a role to play in stopping bullying," said Geshina who is also a criminologist.
The mother of the late Rajeswary, R. Pushpa had expressed hope for stricter enforcement on trolls and fake accounts on TikTok while demanding justice for her daughter.
She said if a person as bold as her daughter was pushed to the extent of taking her own life, it's not impossible for other cyberbullying victims to be driven to do the same.
"The whole family is still in disbelief that Esha took her own life. She was the smartest and bravest in the family, and for her to do this, can you imagine how badly she was bullied," she said.
Communications Minister Fahmi Fadzil has since expressed disappointment over the RM100 fine imposed on the welfare home owner, Shalini.
Fahmi said the minimal fine would not serve as a deterrent considering that the crime had allegedly led to someone’s death.
He said the government would review existing legislation to ensure penalties commensurate with cybercrimes.
Lodge report against cyber bullies
Cybersecurity Malaysia chief executive officer Dr Amirudin Abdul Wahab concurred that the fine is ineffective.
He said to deal with cyber bullying, outreach programmes and advocacy are not enough.
"It has to be supported with an effective form of punishment. The purpose is to serve as a reminder to the public so that they won't repeat the same mistake."
"In this digital era it is important that we impose strict and proactive measures to deal with cyber bullying, that includes heavier fines or penalties, education and awareness programmes," he said.
Amirudin said CyberSecurity Malaysia has conducted several programmes on cyber bullying related outreach including ways to avoid becoming a victim.
He said the infographics and visual postings have been uploaded on various social media platforms such as X, Facebook, and Instagram.
"It is a serious crime that should be taken seriously by all parties. It causes emotional distress as well as psychological trauma for the victim. Victims may experience stress, depression, anxiety and in extreme cases can lead to suicide," he said.
Amirudin urged social media users to be more responsible especially when commenting on a post.
He said a social media user must also act against bullies by lodging a report to the authorities if they witness bullying taking place.
"We need to be sensitive and careful with what we say or share. If we need to act against bullying, lodge a report to the authorities and block the individual and let the law take its course.
"Spread positivity and support others who are being bullied. Get involved in awareness campaigns, increase self-control to judge the situation wisely and take appropriate action," he said.
Existing laws yet to catch up with digitalisation
International Islamic University Malaysia (IIUM) associate professor Dr Tengku Siti Aisha Tengku Azzman said current laws have yet to catch up with the rapid changes in digitisation.
The head of the Communication Department said awareness among school children as well as their parents was needed to prevent unwarranted incidents from happening.
"The punishment itself is very lenient. The perpetrator got away with a RM100 fine and was seen smiling as she left the court.
"The law has to catch up, and it has to catch up fast. It needs to be tightened so that bullies could feel the punishment.
"Awareness is another thing that is needed especially among students and children. Having said that, parents have to get involved. They need to be as savvy as their children so that they can monitor and correct the wrongdoings that may occur," she said.
Tengku Aisha said the Malaysian Communications and Multimedia Commission (MCMC) should come up with guidelines or a standard operating procedure on what can be published or said online.
"Things go viral so easily and rapidly these days. People say things thoughtlessly about almost everything," she said.
"There is a long way to go to fix this. With proper guidelines and SOP, we can educate the public. Create more awareness and organise campaigns to make people realise the importance of being responsible online," she said.
Rajeswary was not the first victim of cyber bullying, In May 2020, a young girl, Thivya Nayagi, 20, took her own life after she was continually harassed and bullied online.
In August 2022, another TikToker by the name of N. Sashikala, 44, committed suicide at her home in Selangor after cyberbullies trolled and harassed her for days. – July 20, 2024.
