KUALA LUMPUR — The Dewan Rakyat passed the Penal Code (Amendment) (No.2) Bill 2024 at both its second and third readings today, paving the way for cyberbullying leading to suicide to be made a criminal offence.
The House passed the amendments in both readings by voice vote, with all MPs present stating “aye” to the bill. The bill will become law after the Dewan Negara passes it and it receives royal assent.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, in winding up and replying to MPs’ debates on the bill, hailed the amendments as historic in “changing the landscape” on how the country will deal with cyberbullying.
She and several other MPs in their speeches mentioned the late TikTok influencer Rajeswary Appahu, also known as Esha, who despite the tragedy of her suicide following severe cyberbullying, had left a legacy for the country in the form of these amendments.
Azalina (Pengerang-BN) dubbed the amendment to insert clause 507D(2) into the Penal Code which criminalises cyberbullying leading to a person’s suicide as the “Esha Clause”.
The clause states that if the bullying “provoke(s) attempts to commit suicide” or results in a suicide “as a result of such provocation”, a punishment of imprisonment for up to ten years, or fine, or both, be imposed on the offender upon conviction.
“These amendments are not only to penalise but to educate and teach citizens about treating each other with dignity and respect.
“We have all been shocked by Esha’s suicide. And we want to change the landscape when we talk about cyberbullying.
“In our stakeholder consultations, experts have said that our biggest problem is that we don’t have the laws to deal with it. That’s why (in Esha’s case), a perpetrator was only fined RM100,” Azalina said.
In July, P. Shalini was fined the paltry sum after she pled guilty to engaging in insulting behaviour with the intention of inciting anger and disrupting peace against Esha. The charge was under the Minor Offences Act 1955 where the maximum fine for the offence under this law is RM100.
Azalina today also said that although the Penal Code provided for criminal intimidation as an offence, the premise is different as it “doest not take into account the digital era”.
She also expressed concerns that the younger generation today was engaging in cyberbullying as a norm because they could “hide” behind their social media personalities.
Earlier, MPs who debated the bill expressed their support for it, even those from the opposition. Some called for even harsher penalties and jail terms longer than a maximum of 10 years for bullying acts that result in suicide.
Other amendments to the Penal Code include the addition of new provisions to criminalise causing harassment, distress, fear or alarm, and causing these feelings to a person “likely” to feel them; causing a person to “believe” that harm will be caused; and publishing a person’s identity information (or doxxing) to cause them harassment, distress, fear or alarm, or to cause them to believe that harm will be caused. – December 10, 2024