Duo That Cyberbullied TikToker Leading to Her Suicide Charged in Court, One Only Fined RM100

As reported by CNA, Esha had named two individuals in her police report and claimed that she was harassed in a ‘Live’ session with the use of threats and vulgarity. She also alleged that they were tormenting her on TikTok by trolling her. She added that many of those watching the session had spewed abuse against her. She also suffered from severe depression.

The United Rights of Malaysian Party (Urimai) deputy chairman David Marshel also revealed that about a week before her death, a 30-year-old woman confided in him about the severe online abuse she was experiencing. She expressed her desperation and suicidal thoughts and asked him to save her.

On July 16, a duo pled guilty to charges under the Communications and Multimedia Act and Minor Offences Act, but one was only fined RM100. The first was a 43-year-old lorry driver named Sathiskumar, a lorry driver, who was accused of intentionally making obscene remarks to hurt others through his TikTok account, Dulal Brothers 360.

As reported by FMT, the man pleaded guilty after the charge was read to him before sessions court judge Siti Aminah Ghazali. The charge was framed under Section 233 of the Communications and Multimedia Act 1998 for the misuse of network facilities, punishable by up to one year’s imprisonment, a fine of up to RM50,000, or both, upon conviction.

Meanwhile, in a separate court, P. Shalini, who works in an old folks’ home, was accused of making insulting remarks through her TikTok account, alphaquinnsha. She pleaded guilty to engaging in insulting behaviour to incite anger and disrupt peace. Her charge was framed under Section 14 of the Minor Offences Act 1955, providing a maximum fine of RM100.

An X user said P. Shalini appeared smug when she exited the court and added, “See, this is what needs to be changed, strengthening bullying laws so they don't get away with measly sums and leave with zero remorse.” She added in the thread that P. Shalini appeared to be from the T20 income bracket as she owns a Mercedes Benz on her Instagram page.

Government action

Earlier this month, Communications Minister Fahmi Fadzil told Bernama, “One of the complaints which the Malaysian Communications and Multimedia Commission (MCMC) and the Ministry of Communications have received from the police is that accounts involved in various abusive activities hide behind fake accounts, making it hard to identify the individuals who made the comments or were involved in the scams.”

He added that the issue of cyberbullying on social media platforms would be discussed during the July 12 Cabinet Meeting. He said that the Communications Ministry would consider amending the existing laws related to cyberbullying. He also mentioned that the matter had been relayed to Prime Minister Datuk Seri Anwar Ibrahim.

Meanwhile, he has also expressed his disappointment over the fine. “I am disappointed with the small fine, but I’ve been made to understand by the Attorney-General’s Chambers that the punishment was meted out based on the evidence collected."

"We need to re-examine the definition of cyberbullying, and what the appropriate fine is for it," he told reporters at a press conference after his keynote address at the KL Startup Summit 2024.