KUALA LUMPUR: The Penal Code (Amendment) Bill (2) 2024 introduces the "Esha Clause," named in honour of Rajeswary Appahu, a cyberbullying victim and influencer who tragically died by suicide.
The clause aims to deliver justice for victims of bullying.
Minister in the Prime Minister's Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said said that the Esha Clause was outlined in Section 507D(2), which proposes criminalising any words or actions used to threaten, insult, or defame with the intent to provoke self-harm or harm to others.
The penalty for such offences includes imprisonment for up to one year, a fine, or both.
"I want to draw attention to the introduction of Section 507D(2), which I wish to name the 'Esha Clause.' While we cannot bring Esha back, we can deliver justice for her.
"We can honour her life by advocating for protection against bullying and ensuring comprehensive laws are in place to address bullying that endangers both the physical and mental well-being of victims.
"This is the foundation of Section 507D(2) — to prevent further loss of life due to bullying. One life lost to bullying is one too many. May this effort bring meaningful change and help prevent similar tragedies in the future," she said.
The Bill, which was tabled for its first reading yesterday, proposes new sections including 507B, 507C, 507D, 507E, 507F, and 507G to the Penal Code.
Section 507E, for example, targets "doxing," making it an offence to share someone's personal information with the intent to harass, intimidate, or cause distress, with a penalty of up to three years in prison, 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 criminalises the use of threatening, insulting, or abusive language or actions that result in harassment, fear, or anxiety, with a penalty of imprisonment for up to one year, a fine, or both. This section also allows a defence if the accused can prove they had no reasonable basis to believe their actions would cause harm.
These amendments were inspired by the death of Esha, who died by suicide on July 5 after filing a police report about threats and defamation she received on social media platforms.