KUALA LUMPUR: While we may not be able to bring back cyberbullying victim Rajeswary Appahu, otherwise known as Esha, stricter laws with severe penalties are being put in place to ensure that such cases do not repeat, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister's Department (Law and Institutional Reforms) said Esha was the victim of cyberbullying, which led her to take her own life.
"I would also like to draw attention to the introduction of Section 507D(2), which I wish to name as the 'Esha Clause'.
"We can honour her life by championing protection against bullying, including ensuring comprehensive laws that address bullying that threatens the physical and mental well-being of victims.
"This is the foundation for the introduction of Section 507D(2) – to ensure that no more lives are lost to bullying," she said in her wrapping-up speech for the debates on the amendments to the Penal Code (Amendment) (No. 2) Bill 2024, in the Dewan Rakyat on Tuesday (Dec 10).
The Penal Code (Amendment) (No. 2) Bill 2024 covers bullying-related offences, including publishing identity and information leading to harassment, distress, fear or alarm to a person, was passed in the Dewan Rakyat earlier via voice vote
The punishment for the proposed under subsection 507D(2) offence is imprisonment for up to one year, or a fine, or both.
This subsection also provides that if the person so provoked attempts to commit suicide or commits suicide as a result of such provocation, the punishment for the proposed offence is imprisonment for up to ten years, or a fine, or both.
The proposed new sub-section 507E seeks to make it an offence for any person who, in any manner or by any means, publishes, circulates or makes available, or causes to be published, circulated or made available, any identity information of a person with intent to cause, or knowing or ought to know that the publication, circulation or availability is likely to cause harassment, distress, fear or alarm to the person.
Regarding the issue of the unauthorised distribution of explicit materials, commonly referred to as "revenge porn," Azalina said it poses a serious threat to the privacy and dignity of victims.
"These cases, often carried out as acts of revenge by former partners, cause profound trauma to victims, including depression and devastating social consequences.
"Through the proposed amendments, specific laws will be introduced to impose severe penalties on the perpetrators," she said.
Among the proposed additions to the Bill, are Section 507(2), which makes it an offence for any person who, in any manner or by any means, uses or makes any threatening, abusive or insulting words or communication against any person, or engages in any threatening, abusive or insulting act towards any person, with intent to provoke the person to cause harm to himself or to any other person, or knowing or ought to know that the words, communication, or act are likely to provoke the person to cause harm to himself or to any other person.
Subsection 507F (1) makes the circulation and publication of a person's identity or information with the intention to cause a person to believe that harm will be caused to themselves or a related person an offence, while Subsection 507F (2) deals with the spread of such content.
Offences under these subsections carry a jail term of up to one year, a fine, or both.
