THE Social and Economic Research Initiative (SERI) has called for legal reforms to better protect individuals from online harassment and ensure a safer digital environment following the death of a social media influencer who had taken her own life due to cyberbullying.
The thinktank said cyberbullying is a widespread problem that affects individuals globally as the digital age has amplified the reach and impact of such harmful behaviour, often with devastating results.
“One in 5 Malaysian teenagers have been involved in bullying activities through the internet, mobile phones or other electronic devices,” SERI revealed in a statement on Friday (July 19).
“Common forms of cyberbullying include making rude comments online, spreading rumours, sharing embarrassing photos, making threats, body shaming and soliciting sexual conversations or activities.”
According to SERI, many countries across the globe are already taking measures to address this issue by introducing appropriate legal mechanisms.
However, the current legal frameworks in Malaysia are still insufficient to address the complexities and severity of cyberbullying.
“Currently, the laws on cyberbullying are regulated under Sections 503 and 509 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998,” it pointed out.
The low penalties, as evidenced by the recent case (involving a social media influencer), do not reflect the gravity of the harm caused. This could result in failing to deter offenders or provide justice for victims.”
SERI was referring to the RM100 fine imposed on a woman in the cyberbullying case of late Hindu rights activist and influencer A. Rajeswary, or Esha.
On Tuesday (July 16) welfare homeowner P. Shalini pleaded guilty to intentionally uttering abusive words via her TikTok account @alphaquinnsha to incite anger and disturb the peace under Section 14 of the Minor Offences Act 1955 which carries a maximum fine of RM100.
This had prompted public concern regarding weak regulations on cyberbullying in Malaysia, with the shockingly low penalty sparking a debate on whether the existing legal framework sufficiently addresses the seriousness of cyberbullying and its potential consequences.
Regulating social media practices
“SERI recommends the government create a Social Media Council under the purview of the Malaysian Communications and Multimedia Commission (MCMC) to regulate and oversee social media practice in this country,” said the thinktank.
“It could serve as a standardising body by providing community guidelines tailored to the local context such as addressing issues specific to Malaysian cultural sensitivities, language diversity, and societal norms.
“It would also ensure efficient reporting mechanisms, offer counselling and support, and address issues related to licensing and compliance.”
SERI said the government can also look to best practices from similar bodies in other countries such as Germany’s NetzDG, the UK’s Ofcom, and the European Union’s Digital Services Act (DSA) and Digital Markets Act (DMA).
“SERI urges that beyond legislation, education and awareness related to bullying whether physically or digitally, must be prioritised. It is essential to teach a code of conduct and ethics for navigating the virtual world from a young age,” it stated.
“This education should also include mental health awareness and other online safety campaigns. By instilling these values early, we can foster a culture of respect and responsibility in both the physical and digital realms, ultimately creating a safer environment for everyone.”
SERI said the passing of Rajeswary serves as a sobering reminder especially on the urgent need for stronger cyberbullying regulation in the country.
“By addressing the current gaps in our legal framework, the creation of a social media council and social media practices based on the local context and ethics, we can create a safer and more respectful online environment for all.” – July 19, 2024
