KUALA LUMPUR: The laws concerning cyberbullying will be reviewed by the authorities, including re-examining the appropriate fine for the crime, says Communications Minister Fahmi Fadzil.

He said this was necessary to strengthen the law and ensure it would be able to serve as a deterrent.

His comments came following the maximum RM100 fine imposed on private nursing home owner Shalini Periasamy after she pleaded guilty in a Magistrate’s Court here for deliberately uttering vulgarities with the intention to incite anger and disturb the peace through her TikTok account, an offence under the Minor Offences Act.

“I’m disappointed with the small fine. But I was informed by the Attorney General’s Chambers that the punishment was meted out based on the evidence gathered.

“As such, we need to look again, firstly on the definition of cyberbullying, and secondly, the appropriate fine that should be meted out,” he said after giving a keynote address at the KL Startup Summit 2024 here yesterday.

Fahmi also said he had reviewed several comments, including those on TikTok by other influencers, who were not only upset with the fine but also with one of the accused’s apparent lack of remorse that led to the sudden death of a person.

“This is a wrong attitude. We must work hard to strengthen the laws. I have also reviewed how the Malaysian Communications and Multimedia Commission (MCMC) has taken action against those who post offensive comments which break the regulations on social media,” he added.

Puspa Rajagopal, mother to the late social media influencer A. Rajeswary better known as Esha, agreed with the minister, saying that the RM100 fine was just a slap on the wrist which needed to be reviewed.

“Our family is unhappy with the small fine. We lost a family member.

“I agree with the minister (Fahmi) who said the law should be reviewed,” she said.

On Tuesday, two people were brought to the Sessions and Magistrate’s Courts here over communication offences on TikTok that linked to the death of Esha.

The case was touted to be the first of its kind involving a cyberbullying victim.

Esha was found dead in a condominium unit in Setapak on July 5, a day after lodging a police report at the Dang Wangi police station over threats made against her.

The first accused, lorry driver B. Sathiskumar, 44, pleaded guilty to a charge of posting lewd comments on TikTok.

He claimed trial to a second charge of posting lewd comments with the intention to outrage the modesty of Puspa on the same day.

Shalini was fined RM100 in default seven days’ imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.

She was charged under Section 14 of the Minor Offences Act, which provides a maximum fine of RM100 upon conviction.

Magistrate S. Arunjothy imposed the fine on Shalini, 35, after she pleaded guilty to the offence.

https://www.thestar.com.my/news/nation/2024/07/18/cyberbullying-laws-to-be-reviewed