TikTok, one of the fast-paced social media platforms that has created many content creators in Malaysia since the pandemic. Although, some users have used this platform to express their support for their favourite influencers, but that is not always the case. Malaysia’s Communications Minister Fahmi Fadzil noted the rise of negative culture among users in our country. This negative culture caused several content creators over the years to be victim of cyberbullying and eventually caused them to fall into depression and committing suicide.
We have recently lost Rajeswary Appahu also known as Esha, who was found dead in her condominium due to alleged cyberbullying. The 29-year-old Hindu activist was harassed on live Tiktok by several individuals threatening to cause harm to her. Her case is now being investigated under Section 506 of the Penal Code for criminal intimidation and Section 233 of the Communications and Multimedia Act 1998.
In 2022, Shashikala Nadarajah, 44, known for sharing tips on maintaining luxury bags had committed suicide due to hateful comments accusing her of showing off. In 2020, R. Thivya Nayagi, 20, took her life following the criticism received from her viral Tiktok video of her and a colleague.
Communications and Multimedia Act 1998 and the Penal Code are the current law governing complaints in relation to cyberbullying. According to section 233(3) CMA 1998, those convicted under the Act face a maximum fine of RM50,000 or a maximum one-year jail term or both, as well as a further fine of RM1,000 for every day the offence continues after conviction.
According to section 499 of the Penal Code, whoever, by words either spoken or intended to be read or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Some argued the current law on cyberbullying is insufficient. Malaysian Communications and Multimedia Commission (MCMC) recorded 3,199 complaints for cyberbullying as of 2023 shows cyberbullying is rampant. There is a need for the government to take measures by collaborating with TikTok to limit and moderate live and comments made during live in relation to cyberbullying.
