KUALA LUMPUR: The Penal Code (Amendment) Bill (2) 2024, which seeks to specifically address bullying in all forms, including cyberbullying, is not intended to restrict freedom of speech.
Minister in the Prime Minister's Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said said that the amendments aim to establish a mechanism to prevent harassment and protect society, especially children.
"We need forward-thinking legislation that considers future challenges while addressing current needs. The amendments to the Penal Code today aim to provide more comprehensive protection, particularly in tackling issues like bullying, which are becoming increasingly complex in the digital era. One death caused by cyberbullying is one too many," she said.
"I want to emphasise that these amendments are not meant to restrict freedom of speech. Instead, they are intended as measures to prevent harassment and safeguard society, particularly children. Do we want to allow the harassment of women and children to continue? What price are we willing to pay as a society if we choose to remain silent? As representatives of the people, it is our responsibility to ensure that all citizens, especially children, can live in a safe society free from any form of harassment," she added.
In her winding-up speech during the second and third readings of the Penal Code (Amendment) Bill (2) 2024, Azalina said that the amendments were not solely punitive but also aimed at educating, protecting, and preventing cyberbullying.
Among the provisions introduced is Section 507D(2), also known as the "Esha Clause," named after cyberbullying victim and influencer Rajeswary Appahu, who tragically took her own life.
The new section proposes that it be made an offence for anyone to use words or communications to threaten, insult, or defame with the intent to provoke someone, causing harm to themselves or others.
The punishment for this offence would be imprisonment for up to one year, a fine, or both.
If the provoked person attempts or commits suicide as a result of the provocation, the penalty would increase to imprisonment for up to 10 years, a fine, or both.
"We may not be able to bring Esha back, but what we can do is deliver justice for her. We can honour her life by advocating for protection against bullying, ensuring the creation of comprehensive laws that address bullying in all its forms, especially when it endangers the physical and mental well-being of victims.
"This is the foundation for introducing Section 507D(2) — to ensure that no more lives are lost to bullying. May this effort bring meaningful change and prevent similar tragedies in the future," Azalina said.
The Bill was tabled for its first reading yesterday and proposes the inclusion of new sections, including 507B, 507C, 507D, 507E, 507F, and 507G, into the Penal Code.
Among other provisions, Section 507E focuses on "doxing," making it an offence to share someone's personal information with the intent to harass, intimidate, or cause distress. The penalty for this offence is imprisonment for up to three years, a fine, or both.
Meanwhile, Section 507B proposes a penalty of up to three years' imprisonment or a fine for individuals who use threatening, insulting, or abusive communication with the intent to cause harassment, fear, or distress.
Section 507C makes it an offence for anyone to use threatening, insulting, or abusive language or actions that cause harassment, distress, fear, or anxiety.
The penalty for this offence is imprisonment for up to one year, a fine, or both. This section also provides a defence for the accused if they can prove they have no reasonable basis to believe their actions would be perceived as harmful.
The amendments were prompted by the tragic death of Esha, who took her own life on July 5, shortly after filing a police report regarding threats and defamation directed at her on social media platforms.