From Loss To Law Stricter Penalties Introduced To Curb Cyberbullying And Honour Esha

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KUALA LUMPUR: While we may not be able to bring cyberbullying victim Rajeswary Appahu, or fondly known as Esha, back, stricter laws with severe penalties are being put in place to ensure that such cases will not repeat, assured Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department (Law and Institutional Reforms) said Esha was a victim of a tragic cyberbullying case, which led her to take her own life.
“I would also like to draw attention to the introduction of Section 507D(2), which I wish to name as the “Esha Clause.”
“While we cannot bring Esha back, what we can do is deliver justice for her. We can honour her life by championing protection against bullying, including ensuring comprehensive laws that address bullying that threatens the physical and mental well-being of victims.
“This is the foundation for the introduction of Section 507D(2) – to ensure that no more lives are lost to bullying,” she said in her wrapping up speech for the debates on the amendments to the Penal Code (Amendment) (No. 2) Bill 2024, in the Dewan Rakyat on Tuesday (Dec 10).
The Penal Code (Amendment) (No. 2) Bill 2024, which covers bully-related offences, including publishing identity and information leading to harassment, distress, fear or alarm to a person, was passed in the Dewan Rakyat earlier via voice vote.
The punishment for the offence, proposed under subsection 507D(2), is imprisonment for a term which may extend to one year or a fine, or both.
This subsection also provides that if the person so provoked attempts to commit suicide or commits suicide as a result of such provocation, the punishment for the proposed offence is imprisonment for a term which may extend to ten years or a fine, or both.The proposed new sub-section 507E seeks to make it an offence for any person who, in any manner or by any means, publishes, circulates or makes available, or causes to be published, circulated or made available, any identity information of a person with intent to cause, or knowing or ought to know that the publication, circulation or availability is likely to cause harassment, distress, fear or alarm to the person.
Regarding the issue of the unauthorised distribution of explicit materials, commonly referred to as “revenge porn”, Azalina said it poses a serious threat to the privacy and dignity of victims.
“These cases, often carried out as acts of revenge by former partners, cause profound trauma to victims, including depression and devastating social consequences. Through the proposed amendments, specific laws will be introduced to impose severe penalties on the perpetrators,” she said.

Among the proposed additions to the Bill was Section 507(2), which seeks to make it an offence for any person who, in any manner or by any means, uses or makes any threatening, abusive or insulting words or communication against any person, or engages in any threatening, abusive or insulting act towards any person, with intent to provoke the person to cause harm to himself or to any other person, or knowing or ought to know that the words, communication or act are likely to provoke the person to cause harm to himself or to any other person.
Subsection 507F (1) makes the circulation and publication of a person’s identity or information with the intention to cause a person to believe that harm will be caused to themselves or a related person an offence, while Subsection 507F (2) deals with the spread of such content.
Offences under these subsections carry a jail term of up to one year, a fine or both.

Social media influencer and activist Rajeswary had lodged a police report on July 4 over death and sexual assault threats made by cyberbullies against her, before she was found dead at her apartment a day later.She claimed in a live session that she was trolled and harassed with threats and vulgarity by an individual on TikTok who also used her photo.
In September, lorry driver B. Sathiskumar, 44, who verbally abused influencer Rajeswary with vulgarity and threats of physical abuse on social media platform TikTok was sentenced to 12 months’ jail after pleading guilty to charges related to intimidation towards her.
Another social media user, Shalini Periasamy, 35, was also charged and fined RM100, in default seven days’ jail, for threatening to slap Rajeswary with the intention to incite anger and disturb peace via her TikTok account in July.

Shalini, who was charged under Section 14 of the Minor Offences Act 1955, pleaded guilty at the Magistrate’s Court and was imposed the maximum sentence, a RM100 fine, on July 16. - Star

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