Unless and until our society recognises cyber bullying for what it is, the suffering of thousands of silent victims will continue. Cyber bullies can hide behind a mask of anonymity online and do not need direct physical access to their victims to do unimaginable harm.
– Anna Maria Chavez, American attorney, inspirational speaker and writer
On July 5, social media influencer Rajeswary Appahu, known as Esha on TikTok, tragically took her own life in her Kuala Lumpur home. Her death came just a day after she lodged a police report about the relentless cyberbullying she was facing.
The case has sparked national outrage over the perceived slow response by the authorities, revealing significant issues in how cyberbullying is handled in Malaysia.
Lawyer T Harpal Singh, representing Esha’s family, took the police to task for their lack of immediate action following Esha’s report. He questioned the thoroughness of the investigation, noting that the police failed to examine her phones for additional evidence that could have led to more serious charges.
In connection with Esha’s case, two individuals were charged with communication offences.
Lorry driver B Sathiskumar pleaded guilty to posting lewd comments on TikTok under the profile ‘@dulal_brothers_360’, intending to annoy others. Charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, Sathiskumar faces a fine of up to RM50,000 or imprisonment of up to one year, with an additional fine for each day the offence continues after conviction.
He also claimed trial to a second charge of posting lewd comments intended to outrage the modesty of Esha’s 56-year old mother, Puspa Rajagopal. The offence, under Section 509 of the Penal Code, carries a penalty of up to five years imprisonment or a fine, or both.
Another individual, nursing home owner Shalini Periasamy, was fined RM100 or seven days imprisonment for deliberately uttering vulgarities to incite anger and disturb peace through her TikTok account ‘alphaquinnsha’.
Charged under Section 14 of the Minor Offences Act, Shalini pleaded guilty and was fined the maximum RM100 in default seven days’ imprisonment allowable under the Act.
The lack of prompt police action has led many to believe that Esha might still be alive if the authorities had responded faster. This sentiment is echoed by many, including me.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said announced recently that the government is considering a proposal to amend the Penal Code to include specific provisions for cyberbullying.
Currently, existing laws such as the Penal Code (Act 574), the Communications and Multimedia Act 1998 (Act 588), and the Computer Crimes Act 1997 (Act 563) are too general and do not specifically address cyberbullying. These legal loopholes make investigation and prosecution difficult, contributing to the public’s perception of cyberbullying as a minor issue.
The proposed amendment is aimed at defining cyberbullying as a specific offence, granting new powers to authorities to protect internet users, especially children. The move is crucial, as based on global statistics, Malaysia is ranked sixth in the world and second in Asia in terms of cyberbullying.
Psychologist Dr. Anasuya Jegathevi Jegathesan notes that cyberbullying severely impacts self-esteem and mental health, equating it to traditional forms of bullying.
“Cyberbullying is bullying. It has the same negative impact on self-esteem and mental health, and if people allow it to enter their homes and private spaces it can have serious consequences.
“Certain lines must be drawn. If you feel the conversation has crossed those lines, you must disengage from them as soon as possible.
“Blocking all hostile contact and removing yourself from the conversation by switching off your social media account is the key first defence against emotional strain,” she said.
Anasuya said people should immediately seek police help if their lives are under threat and seek mental health support through counselling to rebuild their sense of self-esteem or security.
Victims should meticulously document incidents of cyberbullying, including taking screenshots and recording conversations, to use as evidence in court.
For students, informing teachers or parents about cyberbullying is the initial action. Parents must be vigilant, recognising signs of cyberbullying, such as children showing anxiety or fear about going to school, as children may not always vocalise their distress.
Authorities, particularly the police, must act swiftly on cyberbullying complaints to prevent further tragedies.
Delayed responses, often seen as bureaucratic malaise, can have devastating consequences. The case of Esha is a sombre reminder of the urgent need for comprehensive legal reforms and proactive measures to combat cyberbullying.
Some agencies are notorious for their goyang kaki (not taking things seriously and dragging their feet) attitude, and only act when things become serious, like when a life is lost.
Perhaps Esha might still be alive today – if only the authorities had acted immediately on her police report.
I would like to end with a quote by German-American novelist Oliver Markus Malloy, “When a troll tries to piss on your leg online, simply reply with: ‘Does your mom know she raised a little a*#hole?’ It attacks him on so many different levels at once, he won’t know how to respond.”
The views expressed here are those of the columnist and do not necessarily represent the views of Sarawak Tribune.
