The recent case of Esha (A. Rajeswary) involving a tragic incident where she was a victim of cyberbullying, leading to her death, has ignited widespread outrage and highlighted significant flaws in current legal frameworks. Her tormentor was fined a mere RM100 under the Minor Offences Act[1] for the offense, calling into question the inadequacy of penalties for cyberbullying[2].
As it stands in Malaysia, there is no legal definition for cyberbullying. However, it appears that cyberbullying can be addressed under several legal frameworks which vary in severity and scope, namely: –
- Section 233 of the Communications and Multimedia Act 1998 criminalises the improper use of network facilities or services to make obscene, indecent, false, menacing or offensive communications with the intent to annoy, abuse, threaten or harass another person[3] where the offenders can face penalties up to RM50,000.00 in fines, up to one year of imprisonment or both[4].
- Section 14 of the Minor Offences Act 1955 penalizes the use of indecent, threatening, abusive, or insulting words or behaviour likely to cause a breach of peace, with a fine not exceeding RM100.00.
- Section 503 of the Penal Code addresses criminal intimidation, where anyone who threatens another with injury to their person, reputation, or property with the intent to cause alarm[5] can face imprisonment for up to two years, a fine, or both[6].
- Section 509 of the Penal Code deals with insulting the modesty of a person, which includes making gestures or speaking words intended to insult someone’s modesty, punishable by imprisonment for up to five years, a fine, or both[7].
Victims of cyberbullying have several legal avenues to pursue justice. They can report incidents to the police, who may initiate criminal investigation and potential prosecution against the perpetrator.
Additionally, victims can engage a lawyer to seek a court-issued restraining order to prevent further harassment from the bully, providing immediate protection.
Another option is to pursue civil litigation by filing a lawsuit for damages, seeking compensation for emotional distress, reputational harm, and financial losses. This requires gathering evidence of the bullying and demonstrating its impact on the victim’s life.
Esha’s case has underscored the urgent need for legislative reform to address the growing issue of cyberbullying in Malaysia. While current laws provide a framework for prosecution, they often fail to adequately deter perpetrators or protect victims. The tragic outcome of Esha’s experience serves as a stark reminder that more must be done. By strengthening legal protections and emphasizing prevention, Malaysia can lead the way in creating a safer and more accountable digital environment for everyone.
[1] Section 14 of the Minor Offences Act 1955
[2] https://thesun.my/local-news/m-sians-express-disappointment-online-over-paltry-rm100-fine-for-esha-s-cyberbully-BH12734577
[3] Section 233 of the Communications and Multimedia Act 1998
[4] Section 233(3) of the Communications and Multimedia Act 1998
[5] Section 503 of the Penal Code
[6] Section 506 of the Penal Code
[7] Section 509 of the Penal Code
About the Author
Dyana Parmar is a Pupil-in-Chambers at XK Law. She assists the partners of the firm in civil litigation with a focus on debt recovery, landlord and tenancy matters, and corporate commercial disputes. Committed to making a positive impact, Dyana aims to contribute to a better world through her career as an advocate and solicitor.
