The clause, which criminalises online abuse, was named after A Rajeswary, or Esha, a TikTok influencer who had taken her own life in July last year after being harassed online.
Bukit Bendera MP Syerleena Abdul Rashid said cyberbullying against women and minorities is not just a personal issue, but a societal one that demands collective action.
“The Esha Clause and existing laws must be properly enforced.
“However, tech platforms and service providers must also play their part by acting swiftly against abusive content,” she told FMT.
Syerleena was responding to Global Human Rights Federation’s revelation that several Indian female influencers and journalists were being harassed online, including being threatened with murder and assault, and had their family members doxxed.
Its president S Shashi Kumar said while several police reports have been lodged against the alleged harassers, no action has been taken.
Syerleena said it is disheartening that some cyberbullying victims still feel unheard, given the emotional harm they suffer.
She said while she believes the police and Malaysian Communications and Multimedia Commission are doing their best, there is a need for better coordination and clearer frameworks to effectively deal with cyberbullying cases.
Syerleena also argued that social media platforms themselves need to take accountability for cyberbullying.
“This situation highlights the urgent need for stronger coordination and clearer accountability from the social media platforms themselves.
“These companies have a moral and social responsibility to ensure their platforms are safe spaces, not breeding grounds for harassment and hate,” she said.
Separately, Shashi said police should already be applying the Esha Clause in investigating such cases.
“I don’t know why the police are not using it. (Instead), they advise (the victims) against using TikTok and following the (troll accounts),” he said, adding that despite fake social media accounts being removed, new ones keep popping up and continue the online abuse.
He said the authorities had shown a lot of interest when Rajeswary died, but “everybody is quiet” now, despite similar cases reoccurring.
The Esha Clause refers to Section 507D in the Penal Code, which criminalises any words or actions used to threaten, insult or defame with the intent to provoke self-harm or harm to others.