PETALING JAYA: There is a dire need for a new comprehensive legislative framework on cyberbullying to safeguard Internet users, especially the young and vulnerable, say lawyers and criminologists.

They said although there are laws that address online harassment, these fall short of addressing cyberbullying in the ever- evolving social media landscape.

Former judge and ex-commissioner of the Human Rights Commission of Malaysia (Suhakam) Datuk Mah Weng Kwai said it was time for a specific law to be enacted to govern and regulate cyberspace usage as social media moved progressively.

He said the negative effects of social media could be seen with the younger and vulnerable groups being targeted.

Mah said current provisions of the law, including the Penal Code, that were being applied to cybercrime were outdated and not specific.

“It is timely to have such laws before the situation gets out of control. It is time to draw public attention to it as we have witnessed enough negative outcomes from wrongful usage of the Internet.“We are in the 21st century and the cyberworld is here to stay. There will be people taking advantage of the vulnerable.

“Hence, there is a need for a specific law against cybercrime to protect those susceptible to such ills,” he told The Star.

Mah said the new law should be carefully drafted with specific definitions relating to cybercrime and more deterrent penalties.

Criminologist Datuk Dr P. Sundramoorthy of Universiti Sains Malaysia agreed that a new law on cyber-related crimes, including cyberbullying, would be effective for prosecution and investigation purposes.

He said it was high time for the government to take the matter seriously since cyberbullying was as harmful as physical violence.

“Does one need to be physically violated before the authorities take action? Do not underestimate the impact on mental and emotional health. Both can be equally injurious and have serious consequences, as we have recently witnessed,” he added.

Sundramoorthy said he himself had been subjected to cyberbullying by a social media user for comments made to the media several months ago, and he had lodged a police report.

He also recounted a disturbing and distressing encounter with the cyberbully.

“Lodging a report with the police alone was not sufficient. I also lodged one with the MCMC (Malaysian Communications and Multimedia Commission).

“Why is there a need for victims to run around? Until this day, I do not know the outcome of the investigation.

“Victims should be treated better. I am sure that those in law enforcement will welcome such a new law as they too have been defamed in cyberspace with false accusations of corruption and power abuse.

“This would have affected their families, friends and colleagues who would have had to face the shame. The damage is irreversible,” he added.

MCA Public Services and Complaints Department head Datuk Seri Michael Chong said he would back any legislation that penalised cyberbullying as he had seen many people being victimised.“I have handled hundreds of cases, especially those with ah long (loan sharks) bullying their victims on social media.

“They defame and slander not just the victims but also their families, friends and acquaintances by posting photos and personal content. These victims suffered severe mental and emotional distress as a result.

“A few victims took their own lives or attempted to do so when they could no longer tolerate the harassment from the loan sharks.

“Therefore, I support any new law that severely punishes such crooks,” said Chong.

Criminologist and former senior police officer R. Balasubramaniam said while current laws were available, they were insufficient to address cybercrime.“A specific legislation protecting the vulnerable and outlining limitations of Internet users is needed. It must also impose harsher punishment.

“Let there be no more lives lost because of the reckless actions of a few,” he said.

https://www.thestar.com.my/news/nation/2024/07/12/high-time-for-new-laws-to-better-protect-victims-say-experts