Online Safety Bill to close legal loopholes on bullying

PUTRAJAYA: The Online Safety Bill that will be tabled soon in the Dewan Rakyat is aimed at fixing loopholes or gaps in the legal system as there is no precise definition for the crime of bullying, says Fahmi Fadzil.

The Communications Minister said the Bill will be brought to Parliament in the current meeting to ensure that our Internet is safer for children and families.

“As a whole, we are taking this step to close gaps or the lacuna in the law to take stricter action against bullies because recently, findings from the government show there is no precise definition for bullying crimes, including cyberbullying,” he said.

A lacuna in the law refers to a situation where there is no applicable law in place.

Fahmi was speaking to reporters during a post-Cabinet meeting press conference here yesterday.

According to Fahmi, the Cabinet meeting yesterday had agreed to the proposed amendments to the Penal Code and Criminal Procedural Code regarding cyberbullying.

“We are expecting that in early December, the Bill will be tabled for second reading,” he added.

Recently, Fahmi said Malaysia faces 10 cyberbullying cases each day, according to statistics gathered by the Malaysian Communications and Multimedia Commission (MCMC).

Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said had previously said the government was considering amending the Penal Code to introduce specific provisions for the offence of cyberbullying.

This follows the death of TikTok influencer A. Rajeswary, also known as Esha, from cyberbullying.

She was found dead in a condominium unit in Setapak on July 15, a day after lodging a police report.

Shalini Periasamy, who was one of the two individuals charged, was merely fined RM100, in default seven days’ imprisonment, for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok.

Shalini, 35, was charged under Section 14 of the Minor Offences Act 1955 on July 16.

B. Sathiskumar, 44, pleaded guilty to charges under Section 233(1)(a) of the Communications and Multimedia Act 1998 and Section 509 of the Penal Code.

He was jailed 12 months for verbally abusing Esha and his sentence began concurrently from the date of arrest on July 10.