KUALA LUMPUR: Any legislation to curb cyberbullying should have certain reforms to ensure its effectiveness, say legal experts.
They suggest that the existing harassment provisions in the Penal Code be coupled with provisions relating to the misuse of telco facilities, computers or networks, and the focus must be on cyber aspects rather than just contents that are annoying and offensive.
Speaking to the New Straits Times, lawyer Nizam Bashir said Malaysia was apparently in the top six out of 28 countries surveyed and second in Asia in relation to cyberbullying.
Thus, there is an imminent need for reforms on existing laws that distinctively differentiate between cyberbullying and cyberharassment.
"In the past few years, there has been a number of Internet users in Malaysia committing suicide due to cyberbullying, including Esha's case (Rajeswary Appahu)," said Nizam.
Citing Australia and Singapore, he said cyberbullies could be imprisoned for menacing, harassing or causing offence. Those who caused harm and death to their victims could be jailed seven and 10 years, respectively.
"Beyond ramping up penalties, there should be more creative solutions like 'Cyber Wellness Education' in our curricula and students being trained to function as 'Cyber Wellness Ambassadors', as well as hotlines to create a support network for those facing cyberbullying," he said.
Universiti Teknologi Mara (UiTM) Faculty of Law senior lecturer Mazlifah Mansoor said Malaysia lacked specific legislation to address cyberbullying.
She said while the Penal Code and Communications and Multimedia Act provided some avenues for prosecution, such as penalising the transmission of offensive content, these laws did not adequately capture the essence of cyberbullying.
"Specific cyberbullying laws to address severe forms of cyberbullying with enhanced penalties should be introduced if the bullying results in the victim's suicide. For example, cyberbullying leading to severe emotional distress or suicide should be punished with imprisonment and fines.
"Those who engage in repeated cyberbullying should be subjected to enhanced penalties. Recognising the cumulative impact of such behaviour should be considered in the future-proof law," Mazlifah said.
"Malaysia should emulate other countries by allowing the victims or their families to make an impact statement during the sentencing of perpetrators to highlight the severe emotional and psychological effects of cyberbullying.
"We could also take examples from laws in the United States and the Philippines, such as The Megan Meier Cyberbullying Prevention Act 2009 that criminalises cyberbullying and provides for substantial penalties, and the Republic Act No.10627 (Anti-Bullying Act of 2013) that defines bullying comprehensively, including cyberbullying, and provides mechanisms for reporting and addressing such behaviour within schools."
Mazlifah also suggested that Section 306 of the Penal Code be amended to explicitly include cyberbullying as a form of abetment to suicide, considering the severe psychological impact and potential for victims to end their lives.
Previously, Communications Minister Fahmi Fadzil had said the government would examine the need for a future-proof law to deal with cyberbullying. (https://www.nst.com.my/news/nation/2024/07/1078264/fahmi-govt-study-draf...)
He said this law, among other things, needed to focus on changes in communication mediums in the future and suit current needs.
It was one of the matters discussed in the Cyberbullying Issue Meeting, which he co-chaired with the Minister in the Prime Minister's Department (Legal and Institutional Reform) Datuk Seri Azalina Othman Said, Home Minister Datuk Seri Saifuddin Nasution Ismail and Digital Minister Gobind Singh Deo.
Today, Azalina said a special task force comprising four ministries would undertake a comprehensive review before proposing amendments to the Penal Code, with the changes expected to be tabled in Parliament this October.
She said her ministry, in collaboration with the Digital Ministry, the Home Ministry and the Communications Ministry, would first define cyberbullying as the term had not been explicitly addressed in the country's legislation.
She added that to better understand global best practices, she planned to organise an international legal seminar on online threats, drawing insights from countries like Australia, Canada, the United Kingdom and Singapore.