20-7-2024 (KUALA LUMPUR) The tragic death of Malaysian TikTok influencer Rajeswary Appahu has sparked nationwide outrage and calls for tougher laws against cyberbullying. The 30-year-old, known online as Esha, was found dead in her home on July 5th, a day after she filed a police report fearing for her life due to online harassment.
According to local reports, Rajeswary had named two individuals in her report, alleging they were tormenting her with vile comments and threats on the popular video-sharing platform TikTok. She claimed one person harassed her during a live session using vulgarities and explicit threats.
Rajeswary’s untimely demise has left her family reeling and seeking legal counsel over their dissatisfaction with the investigation’s handling. T Harpal Singh, the family’s lawyer, expressed doubts about the thoroughness of the police probe into the cyberbullying aspect of the case. He claimed authorities never examined Rajeswary’s phones for potential evidence that could have led to more serious charges.
“We should know, prior to her suicide, what happened, who she last spoke to, what was the length of (the conversation), all the details,” Harpal said, emphasizing the crucial role the phones could have played in uncovering the circumstances leading to Rajeswary’s death.
Despite the family’s concerns, the Sentul police chief Ahmad Sukarno Mohd Zahari, whose jurisdiction oversaw the case, insisted investigations had concluded, and “suspects have been charged in court.”
Two individuals have faced charges related to Rajeswary’s case, but the penalties have been perceived as too lenient by her family and the public. Lorry driver B Sathiskumar pleaded guilty to posting lewd comments on TikTok, facing a potential fine of up to RM50,000 (US$10,700) or imprisonment of up to one year, or both. Meanwhile, nursing home owner Shalini Periasamy was fined a mere RM100 (US$21) for uttering vulgarities on TikTok with the intent to incite anger.
The paltry fine imposed on Shalini has drawn widespread criticism, with Communications Minister Fahmi Fadzil expressing disappointment, albeit acknowledging that the punishment was based on the evidence gathered.
In response to the public outrage, the Malaysian government has vowed to amend the Penal Code to introduce specific provisions for the offense of cyberbullying. Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said stated that current laws are too general, creating loopholes and undermining effective investigation and prosecution.
“As a result, the criminal elements under the existing provisions make investigation and prosecution difficult, which could be one of the reasons why the public takes cyberbullying lightly, leading to the perpetuation of this issue,” Azalina said.
The government also plans to draft a new Bill to hold online service providers more accountable for online safety issues, including cyberbullying. This move comes as a 2022 study revealed Malaysia was ranked sixth globally and second in Asia for cyberbullying incidents, highlighting the urgent need for comprehensive legal reforms.
Nurulhuda Ahmad Razali, a law lecturer at Universiti Tenaga Nasional and co-author of the study, emphasized the importance of defining cyberbullying as a criminal offense and welcomed the government’s initiatives. She also suggested considering laws similar to Singapore’s Protection from Online Falsehoods and Manipulation Act, which allows the government to compel social media platforms to correct or cease the publication of falsehoods.
