KUALA LUMPUR – The recent online abuse of Japanese Olympic cyclist Shinji Nakano by Malaysian social media users shows the challenges that Putrajaya will face in legislating against cyberbullying, a media analyst said.
There is still no legal definition of cyberbullying in Malaysia, and provisions in the Penal Code, Minor Offences Act 1955 and Communications and Multimedia Act 1998 used in such cases are deemed inadequate.
Taylor’s University School of Media and Communication senior lecturer Benjamin Loh said that unlike in previous cyberbullying cases, the government was slow to act in Nakano’s case, probably because the victim is overseas and no one person instigated the online attacks.
“In TikTok influencer Rajeswary Appahu’s case, you saw the government and other politicians responding quickly to the point where they are trying to build up hype for a framework to combat cyberbullying.
“In the case of the Japanese cyclist, nothing has been said, although two days have passed and the victim has taken down his social media.
“Although this is a clear cyberbullying case, how can it be prosecuted? The attacks are not against a Malaysian, and there’s no clear ring leader, just upset Malaysians.
“This is why you don’t see many countries trying to legislate against cyberbullying,” Loh told Scoop when contacted.
In addition to the difficulty of covering all circumstances related to cyberbullying, Loh said the ever-evolving nature of the internet may see the government having to find ways to tackle other forms of digital vigilantism.
These forms of digital vigilantism can go beyond posting hateful comments and can include examples such as doxing.
“If you make the control measures so overwhelming to stop all problems, it would mean social media platforms will be heavily controlled.
“But if the situation is such that these problems can happen first, but you investigate it later, then it’s pointless to legislate,” Loh added.
In response to the increasing number of cyberbullying cases, the Malaysian Communications and Multimedia Commission (MCMC) has announced that all major social media platforms operating in the country will soon be required to obtain a licence.
This measure is part of the MCMC’s effort to implement a safer internet regulatory framework for children and families, which will come into effect on January 1 of next year.
The new framework aligns with the government’s decision to address the rising trend of cybercrime, including online fraud, cyberbullying and sexual crimes against children.
This initiative is among other new legal reforms proposed by the MCMC to combat cyberbullying.
Meanwhile, the Women, Family and Community Development Ministry has reaffirmed its commitment to supporting victims of online harassment by offering counselling services.
What turns Malaysian netizens into cyberbullies?
In Loh’s observation, the phenomenon of cyberbullying in Malaysia intensified a decade ago, following the move by social platforms to allow more public comments and discourse.
The human instinct for “retributive justice” is also a factor and can lead to cyberbullying when uncontrolled under circumstances that allow public comments online.
“This digital vigilantism comes from the idea that there is a wrong committed and the public feels that the existing laws are ineffective to the point they feel the need to take action.
“This is because we have a deep sense of retributive justice.
“When it was perceived that Malaysia’s chance at an Olympic medal was disrupted because of the Japanese cyclist, all bets were off.
“The people (who commented) on Shinji’s social media page probably felt like they were doing the right thing,” Loh said, referring to Malaysian anger at Nakano for crashing into cyclist Muhammad Shah Firdaus Sahrom during the final of the keirin event in the recent Paris Olympics. The crash denied Shah Firdaus a shot at the bronze medal.
When asked if cyberbullying among Malaysian netizens could have possibly been influenced by political cybertroopers, Loh disagreed.
Instead, Loh was of the view that cybertroopers actually behave similarly to average everyday social media users.
“I wouldn’t say Malaysian cyberbullying is influenced by cybertroopers.
“Cybertroopers have been around for a long time, and their success in Malaysia is because they tap into the ways in which Malaysians behave (online),” Loh said.
After the keirin Olympic final, Malaysians took to Nakano’s social media pages with messages of hate, prompting the Japanese athlete to disable comments on his Instagram profile. He also posted an apology for crashing into Shah Firdaus on TikTok, appealing for commenters to stop involving his family.
This comes within months after the tragic passing of Rajeswary, better known as Esha, who was found dead at her home on July 5 following intense social media harassment.
Rajeswary’s case drew significant attention from Putrajaya, with Communications Minister Fahmi Fadzil announcing that the government was looking into establishing a clearer definition of cyberbullying.
Currently, Malaysia does not have laws specifically criminalising cyberbullying. However, on July 17, authorities charged 44-year-old Sathiskumar Balakrishnan, who pleaded guilty to issuing obscene comments against Rajeswary using the TikTok account @dulal_brothers.
Additionally, Shalini Periasamy, 33, was fined RM100 for making insulting remarks through the TikTok account @alphaquinnsha, with the intent to provoke Rajeswary. – August 19, 2024