KUALA LUMPUR: Two people have been brought to the Sessions and Magistrate’s Courts here over communication offences on TikTok linked to the death of social media influencer A. Rajeswary, better known as Esha.
The case was touted to be the first of its kind involving a cyberbullying victim.
Esha was found dead in a condominium unit in Setapak on July 5, a day after lodging a police report at the Dang Wangi police station over threats made against her.
The first accused, lorry driver B. Sathiskumar, pleaded guilty to a charge of posting lewd comments on TikTok using the profile “@dulal_brothers_360” with the intention to annoy others at 10.12pm on June 30.
The 44-year-old was charged under Section 233(1)(a) of the Communications and Multimedia Act (CMA) 1998 and faces a fine of up to RM50,000 or imprisonment of up to one year or both, with an additional fine of RM1,000 for each day the offence continues after conviction.
Sathiskumar also faces a second charge of posting lewd comments with the intention to outrage the modesty of Esha’s mother, PR Puspa, 56, at 10.15pm on the same day.
The offence is framed under Section 509 of the Penal Code, which provides for imprisonment of up to five years, a fine or both, upon conviction.
Sathiskumar claimed trial to the second charge.
DPP Mohd Sabri Othman said what the accused had done was cyberbullying, causing severe emotional stress to the victim.
“In this case, a victim was found dead after the lewd communication was posted by the accused,” he said.
DPP Mohd Sabri added that the case had garnered significant public attention, including from the government and NGOs, and he pressed for a high bail amount.
The DPP offered RM25,000 in one surety for each of the charges.
Sathiskumar, who was unrepresented, told the court that his wife is a disabled person and he has three children, two of whom are still studying.
Sessions Court judge Siti Aminah Ghazali fixed bail at RM36,000 for both cases.
She also ordered the accused to surrender his passport to the court until the disposal of his case and to report to the police station monthly.
As Sathiskumar had claimed trial to the second charge and wanted legal representation, Siti Aminah postponed the sentencing for the first charge, to give him time to find a lawyer.
The case is set for mention on Aug 16.
Meanwhile, at the Magistrate’s Court, Shalini Periasamy, the owner of a private psychiatric care nursing home, was fined RM100 in default seven days’ imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.
Magistrate S. Arunjothy imposed the fine on Shalini, 35, after she pleaded guilty to the offence committed via her TikTok account “alphaquinnsha” at around 4.10am on July 1.
She was charged under Section 14 of the Minor Offences Act, which provides for a maximum fine of RM100, upon conviction.
According to the statement of facts, the complainant, a social activist, had come across Shalini’s TikTok account, where she had defamed Esha and made several threats to harm her in an intimidating tone.
Shalini had also gone live on TikTok, making threats against those who opposed her, which led Esha to lodge a police report.
DPP Nur Hafiezah Mohamed Fauzi prosecuted.
Outside at the courtyard, a solemn air of grief lingered over Esha’s family and friends.
Esha’s family members and friends were seen exiting the court complex with sombre looks after the proceedings concluded.
Shalini was then spotted confidently strutting out of court while posing for media cameras after paying the fine.
A close friend of Esha who only wanted to be known as Sheenz said she felt extremely distraught at Shalini having been released on a RM100 fine.
“It is truly unfair after everything she has done and that she will continue to do.
“I’m worried she may negatively influence our younger generation who watch her live sessions on social media,” she said to The Star.
Social activist Tamilan Eswaran shared equal disappointment but hoped that Esha’s cyberbullying case will act as a crux to advocate for greater measures against cyberbullying.
“We are optimistic that this case will set the precedent for future cases to also be liable for court,” he added.
