‘Current cyberbullying laws are clearly ineffective’ - Lawyers

SHAH ALAM - Lawyers have highlighted the ineffectiveness of Malaysia’s current cyberbullying laws, as demonstrated by the tragic death of cyberbullying victim Rajeswary Appahu, known as Esha.

The recent surge in cyberbullying cases has exposed significant flaws in Malaysia's legal framework, prompting urgent calls for comprehensive legal reforms to address the complexities of cyberbullying and ensure a safer digital environment for all Malaysians.

Lawyer, Rajesh Nagarajan stressed that the current laws on cyberbullying in Malaysia are clearly ineffective, as demonstrated in Esha's case.

“Cyberbullying, a modern issue arising from technological advances, necessitates the drafting of new laws to effectively address and combat this menace.

“A specific act addressing cyberbullying is necessary due to technological advancements.

"The existing Penal Code was drafted long ago and is relatively inapplicable to the modern digital age we live in," he told Sinar Daily when contacted.

Rajesh also said that he disagreed with Inspector-General of Police (IGP) Tan Sri Razarudin Husain's alleged claim that there are significant challenges in this matter.

“Despite the substantial evidence against P. Shalini, she was charged under an unusually lenient provision, which, in my view, is disproportionate to the severity of the offence.

“The police must exercise their authority and ensure that individuals who commit such heinous crimes are charged with appropriate criminal offences,” he said.

Meanwhile, former Selangor Bar Chairman Kokila Vaani Vadiveloo highlighted that while the punishments under the Communications and Multimedia Act remain relevant and effective, the issue arises from the existence of multiple acts governing cyberbullying or online harassment, including the Penal Code and the Minor Offences Act.

She added that currently, there are no specific provisions addressing ‘cyberbullying’ or online harassment.

“Online harassment should not fall under the scope of the Minor Offences Act, as ‘cyberbullying’ can have severe implications for society and should not be treated as a minor offence.

“According to Datuk Seri Azalina Othman, Minister in the Prime Minister’s Department (Law and Institutional Reform), the government is considering amending the Penal Code to introduce specific provisions for cyberbullying.

"This amendment aims to define cyberbullying and classify it as a distinct offence in Malaysia.

“The Legal Affairs Division (BHEUU) will examine related amendments to the Criminal Procedure Code to ensure effective enforcement of the new provisions on cyberbullying,” she said.

Kokila also said that the Federal Constitution protects the rights of every citizen in Malaysia, but these rights are not absolute and are subject to considerations of public order, morality, and national security.

“Establishing a specific Act for cyberbullying would be a significant step forward in addressing online harassment.

“To balance freedom of expression with preventing online harassment, the government and lawmakers should clearly define netizen behaviours that constitute cyberbullying in any new legislation.

“This specific legislation should explicitly outline what constitutes an offence to ensure it does not infringe on freedom of expression,” she said.

Kokila also stressed that the use of various laws to address online harassment and cyberbullying often leads to inconsistent interpretations and understandings of the offence.

“According to the law, charges must detail the execution and relevant punishment for the offence.

“The absence of a unified legal framework complicates the police's ability to determine which laws apply, creating challenges in enforcement and potentially damaging the police's reputation if errors occur.

“Hence, I agree with the IGP that specific legislation is needed to effectively address cyberbullying. Implementing clear, dedicated laws would simplify the charging process for police and prosecutors, fostering a safer and healthier online environment.

“It is crucial for Parliament to prioritise this issue and advance appropriate legislation,“ she added.

In response to the recent tragic death of Esha, who died by suicide on July 5 following severe cyberbullying and threats on social media, Razarudin has called for specific laws to effectively address cyberbullying.

Razarudin highlighted that current legal provisions, such as the Penal Code and the Communications and Multimedia Act 1998, are insufficient for handling these cases comprehensively.

He met with Communications Minister Fahmi Fadzil to discuss the need for dedicated legislation to tackle cyberbullying more effectively.

Fahmi confirmed that the Communications Ministry would review existing laws and consider drafting a new act specifically for cyberbullying to address this growing issue better.