Specific law needed to stem cyberbullying

The general ignorance of what cyberbullying is all about might be the reason why the social menace has become pervasive in the Malaysian cyberspace.

Malaysia Cyber Consumer Association (MCCA) president Siraj Jalil said many Internet users are not even aware that they are bullies because they do not know of the existence of certain provisions in the Communications and Multimedia Act 1998 which criminalised the use of Internet facilities by any person to transmit any message deemed to be offensive and can cause annoyance to another person.

"There is a difference between criticising and bullying and this is what many cyber users fail to understand. To them, the act of making (a video or post about certain) individuals going viral doesn't amount to bullying," he told Bernama.

He said Internet users who feel they are being harassed online should lodge a complaint against the perpetrator(s) to the operator of the social media platform (Facebook, Instagram and others) and the police so that action can be taken under Section 233 (1) of the Communications and Multimedia Act.

This section states that it is deemed an offence if a person "by means of any network facilities or network service or applications service knowingly makes, creates or solicits; and initiates the transmission of any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person”.

Section 233(3) states that those convicted under the Act face a maximum fine of RM50,000 or a maximum one-year jail term or both, as well as a further fine of RM1,000 for every day the offence continues after conviction.

Siraj said MCCA, which assists victims of cyberbullying to seek justice, encourages them to email their complaints to the association at www.cyberconsumer.my/aduan.

Citing a case reported to MCCA recently that was eventually resolved successfully, he said it concerned a property agent who was branded a fraudster on social media by a user after a transaction involving the latter's house fell through.

"After the case was reported to MCCA, we contacted the person who circulated the false information. When we told him legal action can be taken against him, he immediately deleted his social media post and even apologised to the property agent concerned," said Siraj.

Existing penalty inadequate

Lawyer Muhammad Hafiz Hood, who has also handled lawsuits brought by clients who were slandered on social media, called for specific legislation to check the incidence of cyberbullying.

He said existing laws such as the Communications and Multimedia Act and the Penal Code may not be sufficient to control cyberbullying.

"Is the existing penalty (imposed on convicted cyberbullies) proportionate (to the gravity of the offence committed) and effective enough?

"In my opinion, no. Cyberbullying has a major impact on society, to the extent that some victims are driven to suicide," he said, citing the case of a teenage girl in Sarawak who killed herself in May after posting a poll on her Instagram account asking followers if she should die or not, and 69 percent of those who voted supported her decision to end her life.

Supporting his argument for the drafting of an anti-cyberbullying law, Muhammad Hafiz said the menace could also lead to serious consequences should there be physical confrontations between the victims and the bullies.

Suggesting that Section 233 of the Communications and Multimedia Act can be the basis for the new law, he said it should also provide regulations governing Internet usage for children and teenagers.

He said the Ministry of Communications and Multimedia and CyberSecurity Malaysia should also step up the monitoring of social media use among adolescents and also consider making it compulsory for users to register their social media accounts in their original names.

"The deluge of fake accounts has led to the widespread prevalence of cyberbullying," he said, adding that the Philippines implemented the Anti-Bullying Act in 2013 to check all forms of bullying, including cyberbullying.

Psychological issues

Meanwhile, commenting on the psychological aspect of cyberbullying Prof Mariani Md Nor, a psychologist at the Department of Educational Psychology and Counselling, Universiti Malaya, said bullies usually suffer from psychological disorders, lack empathy and have a lower emotional and spiritual quotient.

"Such individuals are generally unstable and they tend to express their feelings on social media platforms without showing empathy," she told Bernama.

According to Mariani, most cyberbullying cases involved social media users who want to unleash their dissatisfaction and resentment against certain individuals. However, she added, it can trigger bigger problems that can impact a person's emotional, psychological and social well-being.

Sometimes, one can embark on cyberbullying for fun, but the user may become "addicted" to wilfully hurting the feelings of others.

Mariani said the trend for certain posts or videos to go viral on social media has also contributed to cyberbullying.

"The trend has directly opened up great opportunities for social media users who find themselves 'committed' to give their views on any issue that has gone viral.

"They express their opinions freely, to the extent of upsetting others. Sometimes the victim will retaliate, but this will only lead to the dispute becoming bigger," she added. - Mkini