Criminal lawyer R Sivahnanthan said the lack of a specific law to cover such incidents has created a perception that cyberbullying is not considered a serious crime.
“A minimum jail sentence starting from six months to one year will deter the public from committing such acts. As of now, no law specifically covers this,” he told FMT.
Meanwhile, Alliance For A Safe Community chairman Lee Lam Thye said the imposition of a small fine is unlikely to be a deterrent.
“Imprisonment is something which I think is commensurate and at the same time sends a strong message to cyberbullies,” said Lee, a former MP turned social activist.
Last Thursday, communications minister Fahmi Fadzil said that Putrajaya will examine the need for a future-proof new law to deal with cyberbullying. He said the law must meet current needs and anticipate future developments in online communication.
Home minister Saifuddin Nasution Ismail also called for enforcement agencies to take cyberbullying more seriously, and for heavier penalties to be introduced.
Last week, P Shalini, 35, was handed a RM100 fine after pleading guilty to one charge of insulting TikTok influencer A Rajeswary. She was charged under Section 14 of the Minor Offences Act 1955, which provides for a maximum fine of RM100.
Rajeswary, 29, was found dead at her home in Setapak, Kuala Lumpur, on July 5.
The Hindu rights activist, also known as Esha, had filed a police report against two individuals, claiming they had harassed her on TikTok.
‘Learn from other countries’
Lawyer Wan Azliana Wan Adnan, who leads a campaign calling for the enactment of an anti-bullying law, said Malaysia can look to several countries for guidance on how best to frame the proposed new law.
“The US, UK, Japan and Australia all have specific acts on cyberbullying. In Malaysia, the Penal Code does not (address) cyberbullying, so there must be a provision that (makes) cyberbullying a crime.
“In Canada, the punishment for cyberbullying is having your devices taken away, and jail time,” she said.
The Protecting Canadians from Online Crime Act prescribes that those convicted of cyberbullying offences may also face up to five years imprisonment, and be required to require them to compensate their victims.
They may also be charged with criminal harassment under Canada’s Criminal Code which provides for imprisonment of up to 10 years upon conviction.
Meanwhile, cyberbullies in Singapore, can be fined up to S$5,000 and sentenced to a maximum of 12 months’ in jail under its Protection from Harassment Act 2014.
Although there is no federal law in the US that outlaws cyberbullying, states such as California have made it an offence punishable with a fine of up to US$1,000 and a jail term that may extend to one year.
Alternatively, Azliana said the government could enact an umbrella law to cover all forms of bullying, including cyberbullying.
“There’s no need for a separate law to cover cyberbullying. Just combine them into one. Give the term ‘bullying’ a definition that includes physical, mental and cyberbullying.”
The law is needed now, she said. “Don’t waste time.”