NGO leader mulls legal action against cyberbullies

Summary

• Global Human Rights Federation vice-secretary S Hema threatens legal action against several individuals who are allegedly cyberbullying her.

• She laments that the police and MCMC have yet to take action against the perpetrators despite reports.

• Police say they are still investigating the case.

An office bearer of the Global Human Rights Federation (GHRF) has threatened legal action against several social media users, claiming they had defamed and harassed her family over the death of TikTok influencer Rajeswary Appahu, better known as Esha, last year.

GHRF vice-secretary S Hema, who was an acquaintance of Esha, pointed out that despite cooperating with the authorities on Esha’s cyberbullying death case, certain individuals have used social media to intimidate her and make false allegations against her.

This includes spreading lies online and circulating her private conversations related to Esha without consent, for the sake of content, due to her previous ties with the deceased.

Hema, known online as Swashna, also lamented that despite lodging reports with the police and MCMC on the abuses, no action has been taken against the perpetrators to date.

“This behaviour is defamatory, unlawful, and a violation of my fundamental rights. I will be initiating defamation suits against all individuals involved and pursuing all remedies under the law.

“This also serves as a final legal warning to social media users: remove all defamatory remarks about me or the organisation I am associated with.

“Failure to do so will result in civil action, including (seeking) damages and injunctions,” she said at a press conference today.

Also present were GHRF president S Shashi Kumar and counsel Rajesh Nagarajan.

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

Two individuals were charged in court on July 16 last year in relation to Esha’s cyberbullying death.

Welfare home owner Shalini Periasamy, 35, was fined RM100 after pleading guilty to a charge under Section 14 of the Minor Offences Act 1955 for uttering offensive words at the TikTok influencer.

Lorry driver B Sathiskumar, 44, also pleaded guilty to one charge for posting lewd comments in relation to Esha and was jailed for 12 months.

In July this year, the new amendments to the Penal Code (Sections 507B to 507G) took effect, which criminalised various forms of bullying - including cyberbullying and doxing.

Lack of enforcement

Elaborating, Hema said she was out of the country at the time of Esha’s death. However, she returned to Malaysia to assist in police investigations after being called to give a statement.

She also said that she presented evidence on Esha being bullied online to the police for further action.

Touching on the matter, Rajesh said there is no point in having laws against cyberbullying if the authorities drag their feet on enforcement.

As for Hema’s case, the lawyer stressed the importance of Section 507A of the Penal Code, which criminalises identity theft, impersonation, and the misuse of another person’s identity for harassment.

“This is directly relevant in Hema’s case, where fake accounts impersonating her or twisting her words have been weaponised to spread lies and escalate online abuse,” he added.

Rajesh also emphasised that Section 507A must be read together with Section 507D, which criminalises cyber harassment and sustained digital abuse.

“Together, these laws provide a strong framework to protect victims.”

Cops still investigating

Shashi urged the government to take action against cyberbullies according to the newly enacted laws.

“Prosecute known perpetrators of cyber harassment, impersonation, and intimidation. Strengthen protections for women, children, and vulnerable communities online.

“Malaysia cannot afford to lose more lives to preventable online abuse. The laws already exist - what is missing is enforcement, political will, and institutional responsibility,” he added.

Police said they are still investigating the matter.

“The officer in charge of criminal investigation is still working on it, pending a report from MCMC.

“Later, I will reach out to the complainant,” Kuala Lumpur police chief Fadil Marsus told Malaysiakini.

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