Despite existing laws like CMA 1998 and efforts by govt and NGOs, there remains a significant gap in addressing the issue effectively
by AUFA MARDHIAH & SUFEA SALEHUDDIN
CYBER-BULLYING in Malaysia has become an increasingly concerning issue as Internet usage and social media penetration rise.
It is widespread among youths and adults alike, with many cases going unreported due to fear of retaliation or lack of awareness about how to seek help.
It also manifests in various forms, including harassment, doxing, spreading false information and online shaming.
Malaysia has several laws that address aspects of cyber-bullying, such as the Communications and Multimedia Act 1998 (CMA 1998), which prohibits offensive and menacing online communications.
The Penal Code also includes provisions against criminal intimidation and defamation, which can be applied to cyber-bullying.
In addition, there are ongoing efforts by the government, NGOs and educational institutions to raise awareness and educate the public about the dangers of cyber-bullying and the importance of digital etiquette.
Initiatives like Klik dengan Bijak (KDB) by the Malaysian Communications and Multimedia Commission (MCMC) and programmes run by schools and universities aim to educate the public about digital etiquette and the dangers of cyber-bullying.
Despite the efforts publicised in the news, people still feel these measures are insufficient.
Questions arise as to whether Malaysia is genuinely making headway in tackling cyber-bullying through legislation, awareness campaigns and support systems.
Initiatives like KDB and programmes run by schools and universities aim to educate the public about digital etiquette (Source: klikdenganbijak.my)
How Effective Is the Current Law?
CMA 1998 shapes the regulatory landscape of Malaysia’s communications and multi-media sectors, protecting consumers and maintaining network integrity.
It establishes MCMC as the regulatory body, granting it authority to issue licences, regulate content and ensure compliance.
The Act includes a licensing regime aimed at upholding regulatory standards and ensuring consumer protection. It guarantees access to reliable, affordable services and addresses service quality, consumer rights and dispute resolution.
It regulates content to prevent the dissemination of harmful material and grants MCMC the power to remove or block such content.
The CMA 1998 also enhances cyber security by addressing network security, data protection and the prevention of cybercrime.
It promotes industry development by encouraging investment, innovation and the deployment of new technologies, and mandates universal service provision to ensure communication services reach all Malaysians, including underserved and rural areas, to bridge the digital divide.
The Act also outlines offences and penalties for the misuse of communication services, such as sending offensive content and unauthorised network access.
Despite that, Minister in the Prime Minister’s Office (Law and Institutional Reform) Datuk Seri Azalina Othman Said on July 16, remarked that the existing laws, such as the Penal Code and the CMA 1998, do not contain specific provisions for cyber-bullying, making investigations and prosecutions more difficult.
To address this, she said the government, through the Legal Affairs Division of the Prime Minister’s Department, is proposing amendments to the Penal Code to define and classify cyber-bullying as a specific offence.
Azalina remarks that existing laws do not contain specific provisions for cyber-bullying (pic: MEDIA MULIA)
A new bill is being drafted to increase the accountability of online service providers and protect Internet users, particularly children.
It will grant authorities new powers to work closely with these providers. She further noted that the Legal Affairs Division will set clear guidelines, processes and mechanisms for organised preventive operations, defining the responsibilities and roles of online service providers.
Last year, MCMC reported 3,199 complaints related to cyber-bullying.
Presently, Malaysia lacks specific legislation addressing cyber-bullying. However, according to the Communication and Multimedia Ministry’s (K-KOMM) website, the government announced plans in August of the previous year to draft laws specifically targeting cyber-bullying to address the increasing issue.
The Malaysian Reserve (TMR) has reached out to MCMC in obtaining the total number of cyber-bullying reports received year-to-date. However, the agency was unable to provide a comment at the time of writing.
CMA 1998 grants MCMC the power to remove or block the dissemination of harmful materials (Source: MCMC)
Role of Social Media Companies
According to a study by the University of Oslo, titled “Social Media Companies’ Cyber-bullying Policies”, social media companies use self-regulatory mechanisms to address cyber-bullying, including reporting tools, blocking software, moderation systems and educational materials.
Users can report abusive content, and companies can review and take action, such as by blocking users or removing content.
Some companies collaborate with NGOs to create educational materials on positive online relationships. Although these policies are often outlined on websites, they may not explain the mechanisms in detail.
It further reported that under US law, social media platforms are generally exempt from liability for cyber-bullying but their involvement in content moderation can challenge this status.
The study also noted that in some countries, laws require companies to cooperate with law enforcement or remove content upon request, but none mandates specific anti-bullying mechanisms for all companies.
In the US, legal framework has also been implemented surrounding cyber-bullying — Title IX, Education Amendments of 1972.
It protects students from discrimination based on sex, sexual orientation, gender identity and national origin, and includes protection from related harassment.
The First Amendment guarantees freedom of speech but does not protect harmful or harassing behaviour, meaning that even off-campus actions affecting the school environment can lead to disciplinary action.
Many states in the US explicitly ban cyber-bullying, and schools are expected to ensure student safety and maintain peaceful conduct.
The implementation of the laws can vary by state and school district, leading to different policies and disciplinary actions, which can range from suspension to expulsion depending on the severity of the bullying.
In severe cases, cyber-bullying can result in criminal charges, such as harassment or stalking.
Fahmi intends to meet with social media platform providers to address cyber-bullying issues (Source: Fahmi’s Facebook)
On July 6, K-KOMM Minister Fahmi Fadzil stated his intention to meet with social media platform providers at the end of July 2024 to address the management of cyber-bullying issues following his dissatisfaction with the current level of commitment shown by these platform providers in handling complaints related to cyber-bullying.
Fahmi specifically mentioned that the response from platforms like TikTok has been particularly disappointing and that they seem to take the issue lightly.
He added that the meeting will also include MCMC, the Attorney General’s Chambers and other stakeholders to thoroughly review and scrutinise the matter based on the complaints received.
The goal is to implement comprehensive changes and ensure that platform providers act responsibly and in accordance with Malaysian laws, given their significant advertising revenue and influence.
Cyber-bullying Cases in Malaysia
Recently, social media influencer Rajeswary Appahu, or famously known as “Esha”, made police reports regarding the online threats she received before committing suicide, raising questions about whether adequate action was taken by the authorities to prevent her death.
The case highlights the devastating impact of cyber-bullying and raises critical questions about the effectiveness of police interventions in such situations.
The adequacy of the police response to
Rajeswary’s complaints has also been scrutinised, and it remains unclear whether the measures taken were sufficient or timely enough to protect her from the persistent online harassment.
The case stresses the need for more robust mechanisms and rapid responses to cyber-bullying complaints to prevent similar tragedies in the future.
Another tragic case involves a 16-year-old girl in Sarawak who took her own life in May 2019 after conducting a poll on Instagram.
She posted a poll on her Instagram account, asking her followers whether she should continue living or end her life. Shockingly, 69% of respondents voted for “die”. Influenced by the results of the poll, she jumped from the third floor of a shop lot in Kuching.
Social media companies use self-regulatory mechanisms to address cyber-bullying (pic: AFP)
This case sparked widespread outrage and raised serious concerns about the mental health implications of social media and cyber-bullying.
Malaysian lawmakers and the public called for stricter regulations and more robust interventions to prevent such tragedies.
The government and mental health professionals emphasised the importance of responsible social media use and the need for better support systems for young people facing online harassment.
In response to the incident, there were calls for social media platforms to implement stricter monitoring and intervention mechanisms.
K-KOMM also urged users to report any harmful or distressing content they encounter online to prevent similar occurrences in the future.
These cases highlight the urgent need for comprehensive legislation specifically targeting cyber-bullying.
The allure of fame may seem captivating, but the reality of living in the public eye is far more complex and challenging.
Actor, architect and TV host Azhar Sulaiman is all too familiar with the downsides of fame, particularly the relentless scrutiny and harsh comments that accompany it.
Despite his success and popularity, Azhar faces constant criticism and unwelcome attention on social media, revealing the less glamorous side of stardom.
He has had a tumultuous journey with cyber-bullying, a plight that has intensified with his active presence on social media.
Azhar says empathy is crucial when dealing with controversial or sensitive topics online (Source: Azhar’s Facebook)
Azhar has also received backlash for his influencer daughter Leona’s choice of outfits, which many consider too revealing.
In response, Azhar addresses controversies head-on through his social media platforms. However, netizens accused Azhar of exacerbating the situation by addressing the issues publicly rather than privately, which they believe encourages further bullying.
Despite the controversies, Azhar believed that children should have the freedom to make their own choices and that, as a parent, his role is to provide guidance and support.
“I am not a parent who likes to nag their children. It is not my parenting style but my children will understand what I am about to say by the way I look at them,” he told TMR.
Azhar said he instils humour in his communication, but it often carries underlying messages or lessons.
Drawing from his extensive experience in the public eye, he believes that while freedom of speech is essential, it must be exercised with accountability and respect.
“Freedom of speech has to be used responsibly,” he said, urging social media users to think carefully before posting and to consider the potential impact of their words on others.
Azhar said understanding and empathy are crucial when dealing with controversial or sensitive topics online. Everyone, especially public figures, should be prepared for both support and criticism when voicing opinions.
He also supports stricter regulations and monitoring of social media platforms to curb cyber-bullying and ensure a safer online space.
While existing laws provide some level of protection, they may not be sufficient to address the nuances and complexities of cyber-bullying.
These cases that are known to the mass highlights the critical need for stronger measures to combat cyber-bullying in Malaysia.
It serves as a call to action for lawmakers, social media platforms and communities to work collaboratively to protect individuals from the harmful effects of cyber-bullying.
They also point to the critical need for improved police responses, stronger legal protections and comprehensive support systems for victims.
Cyber-bullying in Schools
The most common forms of cyber-bullying that students face today include harassment, exclusion, cyberstalking, creating fake profiles to mock or slander, and spreading rumours, all of which can significantly impact their emotional and psychological well-being.
Unlike traditional bullying, which also have physical and physiological effects, 360 Wellness Hub clinical psychologist Ummu Nazra Nadzam said cyber-bullying inflicts emotional distress through electronic communication and can lead to severe psychological issues (anxiety, insecurity, low self-esteem), disrupting academic performance and social interactions.
“The widespread use of smartphones and the Internet has increased the potential for cyber-bullying among young users,” she told TMR.
She noted that cyber-bullying has both short-term effects — like feelings of humiliation, worthlessness, shame, fear, despair, and sadness — and long-term effects — such as reduced self-esteem, difficulties in relationships, withdrawal and chronic mental health issues like depression and anxiety.
As the learning and teaching process starts in schools, she said the institutes can better support victims by providing counselling services, increasing awareness of cyber-bullying’s repercussions and involving the entire school community in prevention efforts.
Ummu Nazra notes that cyber-bullying has both short-term and long-term effects (Source: Mindakami)
This includes holding open discussions at assemblies and educating parents and teachers on handling cyber-bullying cases.
Ummu Nazra also believed that early intervention can help mitigate the effects of cyber-bullying by educating students on social skills and the consequences of their behaviour.
Understanding the cause and effect of actions can encourage students to think twice before engaging in cyber-bullying.
Teaching empathy and responsible use of social media can also help reduce incidents of cyber-bullying.
“Current anti-cyber-bullying programmes in schools often fall short due to a lack of continuous reinforcement. Raising awareness about the negative effects of cyber-bullying should be an ongoing effort rather than limited to occasional programmes,” she said.
To improve and expand the programmes, Ummu Nazra suggested for schools to include parents and teachers and provide them with training to understand and address cyber-bullying effectively.
Besides that, implementing ongoing educational sessions and workshops can keep the community informed and engaged.
Integrating anti-bullying education into the regular curriculum can also consistently reinforce the message.
Teachers and staff can play a role in combating cyber-bullying by being attentive to signs of distress in students, such as sleep disturbances, loss of appetite and demotivation.
To effectively handle cyber-bullying incidents, teachers need comprehensive training and resources.
This includes understanding the nature, signs and impacts of cyber-bullying, guidelines for identifying incidents and reporting procedures, awareness of relevant laws and school policies, training in providing psychological support and counselling, strategies for engaging and educating parents, and access to updated resources and continuous learning opportunities through ongoing professional development.
Parental involvement on the other hand, can monitor activities at home by encouraging physical and outdoor activities to reduce dependence on smartphones, as well as setting up parental controls on Internet usage, implementing technology time-outs.
Schools can engage parents in their anti-bullying efforts through regular communication, keeping them informed via newsletters, emails and meetings about the schools’ anti-bullying policies, activities and progress.
Additionally, involving parents in school activities, projects and campaigns aimed at promoting kindness, respect and inclusivity among students can foster a collaborative effort in combating cyber-bullying.
General Protection For All Age Groups
Given the rise in cyber-bullying cases among adults, it is crucial to examine the specific psychological impacts on adults compared to younger victims.
Past studies indicate an increase in cyber-bullying across all age groups, often linked to the frequency of Internet use.
Sunway University School of Medical and Life Sciences Department of Medical Sciences Assoc Prof Dr Ooi Pei Boon highlighted that both adults and younger victims experience significant psychological impacts, though they vary due to differences in life stage and social support systems.
Adults may experience social isolation, anxiety, stress, depression and suicidal thoughts.
Ooi cited a 2023 study among Malaysians that found stronger feelings of depression among cyber-bullying victims since the Covid-19 pandemic.
The study also found that perpetrators of cyber-bullying are twice as likely to commit suicide, and victims are 1.5 times more likely to attempt suicide than non-victims.
Technology does not discriminate, but the users behind the screen do, says Ooi
Despite adults’ potential resilience due to life experiences, the impact of cyber-bullying can be severe.
Meanwhile, younger victims, being in a formative stage, might be more vulnerable to lasting effects. For this, Ooi said timely interventions are crucial across all age groups.
She further highlighted the key characteristics of cyber-bullying — intention to humiliate, repetition, power imbalance, anonymity and a desire for publicity.
She also suggested that protection efforts should include older adults and awareness campaigns should target all age groups.
“While the impact of cyber-bullying varies, its detrimental effects remain significant for everyone — technology does not discriminate, but the users behind the screen do,” she told TMR.
Although Malaysia has laws such as the CMA 1998 and provisions under the Penal Code to address cyber-bullying, enforcement remains a challenge.
The anonymity provided by the Internet often complicates the identification and prosecution of perpetrators.
Additionally, there is a need for more specific and comprehensive legislation that directly addresses cyber-bullying.
There are ongoing efforts by the government, NGOs and educational institutions to raise awareness about cyber-bullying and educate the public on digital safety. Nevertheless, the effectiveness of these initiatives can be limited. Without strong legal frameworks and prompt, decisive action from law enforcement agencies, we may never see an end to cyber-bullying and the worst consequences could persist.
- This article first appeared in The Malaysian Reserve weekly print edition
