PETALING JAYA: Popular TikToker and mother of three, Sashikala Nadarajah, 44, committed suicide on Aug 6 after she was cyberbullied with a barrage of hateful comments over her appearance and handbag collection on her account.
Her death has brought to fore the needless harm that cyberbullies are causing on social media. And while TikTok has gained popularity among youths in Malaysia, through no fault of the platform, cyberbullying on it is an issue.
Malaysia has yet to enact any specific laws regarding cyberbullying. But there are numerous provisions across different statutes that make it an offence.
Lawyer Puvarasan Balaiyah said Section 506 of the Penal Code, read together with Section 507, states that whosoever commits the offence of criminal intimidation by anonymous communication shall be punished with imprisonment for a term, which may extend to two years in addition to the punishment provided for the offence under Section 506.
“Section 509 of the same Act talks about the offence of intending to insult the modesty of a person through words or gestures.
Additionally, we can also refer to Section 233 of the Communication and Multimedia Act 1998 in regard to the improper use of network services, which includes making any comment that is considered offensive, abusive and intended to harass another person.
“A person who commits the offence under this section is liable to a fine not exceeding RM50,000 or imprisonment not exceeding one year,” he said.
However, the above statutes do not specifically mention the word “cyberbullying”.
“The enactment of a special Act or law can overcome any ‘grey areas’ in existing statutes that allude to cyberbullying, and hence, can be better dealt with by the authorities and the judiciary,” said Puvarasan.
Hopefully, with such an Act, victims like Sashikala can obtain justice, and her family can move on with the knowledge that the perpetrators have been dealt with by the justice system.
However, why do cyberbullies believe they have a right to harass others, most times people they do not even know personally?
Management and Science University criminologist and forensic science lecturer Nadiah Syariani Md Shariff said: “As one person shares negative opinions, several others who observe this may learn and adopt a similar stance, snowballing the effect and creating a negative online environment.”
Nadiah said the nature and extent of cyberbullying are getting more advanced and “creative”. It is not limited to harassment in written words anymore but includes the use of audio and graphic materials.
“Cyberbullying can occur in any form, which makes it challenging for people to identify it for what it is.
“It has no standardised definition, which makes it more challenging to distinguish between a joke and sheer harassment.”
She added that research had found that people cyberbully others for fun or revenge because they had been cyberbullied themselves, or wish to gain social status and assert dominance online.
“Some may not even recognise their actions as cyberbullying, but are partially aware of its consequences. Still, they decide to proceed anyway.
“They may also recognise how their actions will affect others, but rationalise it to reduce self-guilt and eventually proceed for immediate gratification.”
She said another reason could be due to the effects of online disinhibition.
“This can be understood as a lack of individual restraint when communicating online, which is perpetuated by anonymity.
“People tend to feel less accountable for their words and actions as online communication does not require both parties to be in the same space and time, and one can stay hidden behind a make-believe persona.
“The privilege of staying anonymous makes some less empathetic as they are detached from the consequence of leaving abusive comments,” she said.
While TikTok has gained popularity among youths in Malaysia, through no fault of the platform, cyberbullying on it is an issue.
