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Fahmi: RM100 fine on woman in case linked to influencer's death 'seems very small'

KUALA LUMPUR: Communications Minister Fahmi Fadzil expressed disappointment over the meagre fine imposed on the owner of a welfare home, who was fined RM100 for using offensive language on TikTok to incite anger.

Fahmi said the minimal fine would not serve as a deterrent, considering that the crime had allegedly led to someone's death.

However, he said the court made its decision based on the collected evidence.

"I have reviewed several comments, including those on TikTok by other influencers, who are not only upset with the fine but also with the offender's apparent lack of remorse for their actions, which are believed to have caused another influencer's death.

"This is a very concerning attitude, and I am very disappointed with the fine, which seems very small.

"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 violating the law on social media," he told reporters at the KL Startup Summit here today.

Fahmi also said the government will review existing legislation to ensure penalties commensurate with cyber crimes.

"As Digital Minister Gobind Singh Deo and Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said mentioned, we need to review the definition of bullying and determine appropriate penalties.

"In the second case, we see the use of Section 233 for network abuse, where the fine is RM50,000, which is more significant."

Yesterday, a welfare home owner, Shalini Periasamy, 35, was charged at the magistrate's court with an offence linked to the death of social media influencer A. Rajeshwary, better known as Esha, who allegedly committed suicide earlier this month.

She was fined the maximum RM100 for deliberately uttering vulgarities with the intention to stir anger and disturb the peace through a TikTok account this month.

Magistrate M. S. Arunjothy sentenced her after she pleaded guilty to the offence via her TikTok account, "alphaquinnsha."

Following that, many people expressed unhappiness on social media over the decision, citing how such a severe offence could only warrant a slap on the wrist.

Netizens described the fine as an insult, considering the case led to a person's death.

On July 5, social media influencer A. Rajeswary, known as Esha, was found dead at her residence in Setapak, Kuala Lumpur, a day after filing a report about the criminal threats and defamation she had received.

However, she is not the first victim of cyberbullying to take her own life after being harassed and bullied on social media.

In May 2020, a young girl, Thivya Nayagi, 20, took her own life after being continually harassed and bullied online.

In August 2022, another TikToker, N. Sashikala, 44, committed suicide at her home in Selangor after cyberbullies trolled and harassed her for days.

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