16-7-2024 (KUALA LUMPUR) The tragic suicide of popular TikToker Rajeswary Appahu, known affectionately as Esha, has led to legal proceedings against individuals accused of cyberbullying. The case, which has shocked Malaysia, has brought the issue of online harassment into sharp focus.
In a recent court hearing, two suspects faced charges related to their alleged involvement in the cyberbullying that preceded Esha’s untimely death on 5 July. The proceedings have revealed the complexities of addressing online abuse within the Malaysian legal system.
Shalini Periasamy, a 35-year-old care home worker, pleaded guilty to making insulting remarks via her TikTok account, @alphaquinnsha, in the early hours of 1 July. Charged under Section 14 of the Minor Offences Act 1955, Periasamy was fined RM100 by Magistrate MS Arunjothy, the maximum penalty for this offence.
In a separate but related case, lorry driver B Sathiskumar faced more serious charges. He admitted to making obscene remarks on his TikTok account, @dulal_brothers_360, on 30 June, violating Section 233 of the Communications and Multimedia Act 1998. This charge carries a potential sentence of up to one year in prison, a fine of up to RM50,000, or both.
However, Sathiskumar pleaded not guilty to an additional charge under Section 509 of the Penal Code. This charge relates to allegations that he subjected Esha’s mother, R Puspa, to public humiliation using the same TikTok account.
Deputy public prosecutor Sabri Othman urged the court to set a substantial bail amount, citing Sathiskumar’s alleged role in contributing to Esha’s suicide. In response, Sessions court judge Siti Aminah Ghazali set bail at RM18,000 with one surety for each charge. The judge also ordered Sathiskumar to surrender his passport and report monthly to the nearest police station. His case is scheduled for mention on 16 August.
These legal proceedings have ignited a national conversation about the real-world consequences of online behaviour. The tragedy has highlighted the need for more robust legislation and enforcement to combat cyberbullying, particularly on popular social media platforms like TikTok.
The contrast between the penalties faced by Periasamy and Sathiskumar underscores the varying degrees of severity with which the law treats different forms of online abuse. While Periasamy’s fine may seem nominal, Sathiskumar potentially faces a much harsher sentence if convicted.
