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Cyberbullying in Malaysia

Cyberbullying in Malaysia

Following the recent conviction and ‘RM100’ sentence imposed on Ms Shalini Periasamy, for using her TikTok account ‘alphaquinnsha’ to post unruly and vulgar comments in a “live session” hosted by another TikTok user, Ms Rajeswary Appahu. Rajeswary then took her life after becoming a victim of cyberbullying on social media. 

Rampancy of cyber-bullying in Malaysia can be attributed to several factors:

  1. Legislative Framework: Malaysia’s laws related to cyberbullying is encompassed within broader legislation such as the Communications and Multimedia Act 1998 and the Penal Code. There is no specific law on cyberbullying. This then leads to penalties that might not seem stringent enough for the nature of the offense.
  2. Enforcement Challenges: Enforcement of cyberbullying laws can be difficult due to the anonymous nature of the internet. Identifying and prosecuting offenders can be challenging, leading to fewer cases being brought to court and lighter penalties being imposed when they are.
  3. Judicial Discretion: Judges in Malaysia have the discretion to determine the severity of penalties based on the specifics of each case. This can result in varied outcomes, with some cases receiving lighter sentences depending on the context and evidence presented. In a case where the offender pleads guilt it depends a lot on the mitigation put forth- things like age and previous criminal history of the offender can play a large role in the sentence.
  4. Public Awareness and Education: There may be a lack of public awareness and understanding about the serious impact of cyberbullying. Without strong public pressure and awareness, legislative and judicial bodies may not prioritize harsher penalties.
  5. Cultural Factors: Cultural attitudes towards bullying and online behaviour can influence how seriously cyberbullying is taken. In some cases, cyberbullying might not be viewed as a serious issue compared to other crimes such as drug related crimes where the penalties are very harsh.
  6. What can we do to help? One thing we can do is to report cyberbullying to the Malaysian Authorities such as PDRM or MCMC instead of just reporting on the Application in question.