Duo linked to cyberbullying death plead guilty to some charges

Two people charged in court today in relation to Rajeswary Appahu’s (Esha) cyberbullying death have pleaded guilty to some of their charges.

According to a report by The Star, Kuala Lumpur magistrate S Arunjothy handed the maximum sentence of a RM100 fine against welfare home owner Shalini Periasamy, 35, after she pleaded guilty to a charge under Section 14 of the Minor Offences Act 1955.

She is accused of uttering offensive words intended to provoke anger at around 4.10am on July 1 through her TikTok account “alphaquinnsha”.

Meanwhile, at the Sessions Court, The Star reported that lorry driver B Sathiskumar, 44, pleaded guilty to one charge but claimed trial to another.

Sessions Court judge Siti Aminah Ghazali has postponed sentencing for Sathiskumar’s guilty plea to allow him time to find a lawyer. He was unrepresented at today’s hearing.

The case has been set for mention on Aug 16.

‘Lewd comments’

Sathiskumar was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 for posting lewd comments under the profile “@dulal_brothers_360” at 10.12pm on June 30 with the intention of annoying others.

The offence is punishable with a fine up to RM50,000, or up to one year’s imprisonment, or both; with an additional fine of RM1,000 for each day the offence continues after the conviction.

He also faces a second charge under Section 509 of the Penal Code for allegedly posting lewd comments with the intention to outrage the modesty of Esha’s mother, PR Puspa, 56, at 10.15pm on the same day.

The offence is punishable with up to five years imprisonment, a fine, or both.

Deputy public prosecutor Mohd Sabri Othman emphasised the severity of the cyberbullying, noting its connection to the victim’s death.

“In this case, a victim was found dead after the lewd communication was posted by the accused,” he was quoted as saying.

In mitigation, Sathiskumar claimed to be facing financial and health difficulties.

Siti Aminah set bail at RM36,000 for both charges and he must surrender his passport as well as report monthly to police.

Esha was found dead on July 5, just one day after filing a police report regarding criminal threats and defamation on social media against her.

Making platforms responsible

Meanwhile, Communications Minister Fahmi Fadzil responded to the case saying the government is committed to having stricter regulations on social media including cyberbullying and other cybercrimes.

He said the cabinet has agreed to revise some laws regarding proportionate fines and punitive measures involving cybercrimes committed via social media.

“But we also understand that I have already mentioned in the press conference after the cabinet meeting last Friday that the Prime Minister Anwar Ibrahim expressed the view that social media platforms cannot escape taking responsibility for incidents including cyberbullying,” he said.

Last week, Bernama reported that Digital Minister Gobind Singh Deo has proposed that a new law placing responsibility for misuse of social media, including cyberbullying, on social media platform owners, be introduced.

He said he, together with Fahmi and Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said, brought up the cyberbullying issue, including Esha’s death during Friday’s cabinet meeting.

He added that existing laws, especially the Communications and Multimedia Act, the Penal Code and the Computer Crimes Act are enforceable.

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