Japan's Diet just passed revisions to its Penal Code with tougher penalties for insults to counter cyberbullying. These include prison terms. With the rapid advancement of the Internet, it is not a surprise that countries around the globe face similar issues in preventing hostilities in the medium from causing greater complications such as mental health issues.
In Malaysia, Section 211 of the Communications and Multimedia Act 1998 provides for the prohibition of offensive content. Section 211(2) stipulates that convicted offenders are liable for a fine not exceeding RM50,000 or to imprisonment for a term not exceeding one year or to both, and shall also be liable to a further fine of RM1,000 for every day or part of a day during which the offence is continued after conviction.
Meanwhile, Section 233(3) of the same Act stipulates that anyone who knowingly commits a punishable offence under Section 233(1) or 233(2) – continuously harassing another person, or providing obscene communication – shall, on conviction, be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding one year or to both, and shall also be liable to a further fine of RM1,000 for every day during which the offence is continued after conviction.
Furthermore, if elements of defamation are involved, the bully can also be charged under Section 499 of the Penal Code, whereby the punishment for defamation provided under Section 500 is up to 2 years maximum in prison, a fine, or both.
Hence, it should be made known that there are laws in place to protect us from such offenders. Society as a whole should also be reminded that cyberbullying is a punishable offence.
On 13 June 2022, the media reported that a social media influencer was ordered by the court to pay damages of RM100,000 and legal fees of RM30,000 to a woman who was subjected to body shaming two years ago.
Body shaming refers to the harassment, mocking, and insults relating to an individual’s body features, whether it is through direct messages or social media. Body shaming also happens to be one of the more common forms of cyberbullying practices in Malaysia.
When individuals receive harsh comments about their bodies, it affects not only themselves, but also their children, spouse, and family members. The loss of self-confidence can happen quickly, especially when posts can go viral in a matter of minutes.
At the same time, we must not only address body shaming solely, because cyberbullying can take on many different forms, including insults, obscenities, harassment, etc.
If we do not take a stand against these cyberbullies, society will lean towards downplaying these issues, or even treating them as a harmless joke, despite reports of victims facing real-life trauma from bullying. Thus, let us be supportive of each other in real life and on the internet, and grow as a more tightly-knit community together.
Chan Quin Er
MCA spokesperson
