The Penal Code’s “Esha Clause” must be enforced strictly to tackle cyberbullying on social media, said an MP, as calls grow for action to be taken following the abuse of TikTok by online trolls.
The clause, which criminalises online abuse, was named after A Rajeswary, a TikTok influencer who had taken her own life in July last year after being harassed online.
Bukit Bendera MP Syerleena Abdul Rashid said cyberbullying against women and minorities is not just a personal issue, but a societal one that demands collective action.
“The ‘Esha Clause’ and existing laws must be properly enforced,” she told FMT.
“But tech platforms and service providers must also play their part by acting swiftly against abusive content.”
She was responding to Global Human Rights Foundation’s revelation that several Indian female influencers and journalists were being harassed online, including being threatened with murder and assault, as well as have their family members doxxed.
Its president, S Shasi Kumar, said while several police reports have been lodged against the alleged harassers, no action has been taken.
Syerleena said it is disheartening that some cyberbullying victims still feel unheard, given the emotional harm they suffer.
While she believes that the police and the Malaysian Communications and Multimedia Commission are doing their best, there is a need for better coordination and clearer frameworks to effectively deal with cyberbullying cases.
She also argued that social media platforms themselves need to take accountability for the cyberbullying that is taking place.
“This situation highlights the urgent need for stronger coordination and clearer accountability from the social media platforms themselves,” she said.
“These companies have a moral and social responsibility to ensure their platforms are safe spaces, not breeding grounds for harassment and hate.”
Separately, Shasi said the “Esha Clause” should have been applied by the police when investigating such cases.
“I don’t know why the police are not using it. (Instead), they advised (the victims) against using TikTok and following the (troll accounts),” he said, adding that despite fake social media accounts being removed, new ones keep popping up and continue the online abuse.
He said that when Esha died, the authorities had shown a lot of interest, yet “everybody is quiet” despite the similar cases reoccurring.
