Laws against cyberbullying in neighbouring countries

The death of TikTok influencer A Rajeswary due to cyberbullying and the public outcry has prompted the government to amend and form new laws.

Minister in Prime Minister’s Department Datuk Azalina Othman Said have said that laws against cyberbullying will be tabled. Similar messages was said by Home Minister Datuk Seri Saifuddin Nasution Ismail and Communications Minister Fahmi Fadzil.

The present laws are inadequate since only section 233 of the Communications and Multimedia Act and certain sections in the Penal Code can be used against this online menace.

By comparison, Malaysia’s neighbours have had a head start in laws against cyberbullying.

Writing on LinkedIn, lawyer Gunalan Kanasamy pointed out that Singapore and the Philippines have relevant laws for Malaysia.

Powers of laws in our neighbouring nations

Singapore introduced the Protection from Harassment Act (POHA) way back in 2014 and was amended in 2019.The Act was enacted to address various forms of harassment, both physical and online. Among the key provision in this act are

i) Applicability of the act both in criminal and civil.

ii) Victim can apply for Protection Order(PO). Severe consequences on offenders for breaching the PO.

ii) Community Order – Offenders may be required to undergo counseling or participate in community service as part of their sentence, aimed at rehabilitation and preventing future offenses

iii) Doxxing is a criminal offence – The act of revealing personal information of other without their consent.

iv) Action against false statement published online which include order for removal & recourse for the damages.

v) Victims can seek civil remedies for harassment, such as damages for distress caused by the harassment.

vi) other relevant provision on cyberbully.

The Philippines has the Anti-Bullying Act of 2013 and the Cybercrime Prevention Act of 2012, to address cyberbullying and online harassment.