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Government eyes changes to Penal Code
PUTRAJAYA, July 16 — The government is considering a proposal to amend the Penal Code to introduce specific provisions for the offence of cyberbullying, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
In a statement today, Azalina said that although there are several provisions under existing legislation, including the Penal Code (Act 574), the Communications and Multimedia Act 1998 (Act 588) and the Computer Crimes Act 1997 (Act 563), these provisions are general and do not specifically and explicitly address the offence of cyberbullying.
“Therefore, it is clear that there are loopholes in the law regarding this issue. As a result, the criminal elements under the existing provisions make investigation and prosecution difficult, which could be one of the reasons why the public takes cyberbullying lightly, leading to the perpetuation of this issue,” she said.
According to her, the proposed amendment will define the term cyberbullying and classify it as a specific offence in Malaysia.
Along with the proposed amendment to the Penal Code, the Legal Affairs Division (BHEUU) will also examine related amendments to the Criminal Procedure Code to ensure the effective enforcement of provisions on cyberbullying, she added.
She said the government is also refining policies for the proposal to draft a new bill aimed primarily at increasing the accountability of online service providers regarding online safety issues, particularly harmful content involving child victims, including cyberbullying cases.
Among other things, the proposed bill will also grant new powers to authorities to protect all internet users, especially children, through close cooperation with online service providers.
“BHEUU will outline clear parameters, workflows and mechanisms for online service providers so that, among other things, preventive operations implemented by authorities are orderly and the responsibilities and roles of online service providers are defined,” said Azalina.
In this effort, BHEUU will conduct comprehensive engagement sessions in collaboration with the Communications Ministry and the Digital Ministry to ensure that the views of all stakeholders are considered for the proposed amendments to be effective and meet the country’s needs.
She also expressed condolences to the family of TikTok influencer A. Rajeswary, also known as Esha, who became a victim of cyberbullying.
According to media reports, Esha was found dead in a condominium unit in Setapak here on July 5, a day after lodging a police report regarding the cyberbullying she was facing.
