Invoke 'Esha Clause', Rayer tells cops over cyberbullying against activist

A DAP lawmaker has urged authorities to pursue justice for a cyberbully victim based on provisions under laws amended following the death of TikTok influencer Rajeswary Appahu, better known as Esha, last year.

Addressing a press conference in Parliament today, Jelutong MP RSN Rayer highlighted the plight faced by an office bearer of the Global Human Rights Federation (GHRF), who has persistently faced online bullying since Esha’s death. 

Rayer said that GHRF vice-secretary S Hema, who is also known as Swashna, was an acquaintance of Esha’s and was a “witness” in probes into the latter’s death.

The lawmaker also claimed that despite multiple police and MCMC reports filed by Hema since Sept 22 last year against social media accounts which allegedly threatened her, authorities have yet to take any meaningful action.

“The suspects involved in the cyberbullying against Hema are still using TikTok to bully her (and) criminally intimidate her, (including) by threatening to come to her house and hurt her and expose her personal information.

“I appeal to the Home Ministry, its minister (Saifuddin Nasution Ismail), and the police to take immediate action, (by) arresting the suspects involved in the case and using the ‘Esha Clause’ to prosecute them,” Rayer (above, left) said.

The Esha Clause refers to Penal Code amendments, outlined in Section 507D(2), which proposes criminalising any words or actions used to threaten, insult, or defame with the intent to provoke self-harm or harm to others.

Other Penal Code amendments which came into effect in July this year include Section 507E, which criminalised doxxing with the intent to harass, intimidate, or cause distress, with a penalty of up to three years in prison, a fine, or both. 

Malaysiakini previously reported that Hema is considering initiating legal action against several social media users whom she accused of defaming and harassing her family over Esha’s death.

Online threats, leaked personal details

At a press conference on Oct 1, Hema claimed that despite cooperating with the authorities on Esha’s case, certain individuals have used social media to intimidate her and make false allegations against her.

Despite filing reports with the police and MCMC, Hema lamented that there has been no action against the perpetrators, whom she said have spread lies about her online as well as issued vulgar remarks which caused emotional distress to her and her family members.

In an initial police report filed in September last year, Hema claimed that hosts for a TikTok live session had called her a “prostitute”, told her to remove her clothing to display her body online and asked her to touch his private areas, while also accusing her of cheating on her husband.

On Oct 3, Hema also told Malaysiakini that certain TikTok account operators had managed to get hold of her police and MCMC reports against the alleged cyberbullies, causing her and her family’s personal details to be circulated online.

Speaking to reporters today, Hema said that the cyberbullying against her stemmed from rumours circulated by certain circles accusing her of “covering evidence” related to Esha’s death.

She also urged the MCMC and Communications Minister Fahmi Fadzil to establish a “mechanism” that would aid in identifying anonymous accounts on social media platforms to more easily track down criminal offenders.

“The process to lodge a report with the MCMC is also very complicated; it requires you to go through many steps, including taking screenshots, providing translations, and explanations. 

“Those who are not tech-savvy will find it difficult. Additionally, the TikTok (moderators) do not detect vulgar words in Tamil - this is something that needs to be addressed for users’ safety,” she added.

‘A ticking time bomb and moral failure’

Also present at the press conference today was Bukit Bendera MP Syerleena Abdul Rashid, who cautioned that bullying cases - whether physically or online - are a “ticking time bomb” that might blow up in the face of authorities who refused to act. 

“(Bullying) is not just a social problem, it’s also a moral failure… when it comes to bullying in all forms, women are the most vulnerable.

“The attacks against Hema have been very personal and should not have happened (as) there is now grave concern over her safety,” Syerleena (above, right) said.

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

Two individuals, B Sathiskumar and Shalini Periasamy, faced separate court charges last year in relation to cyberbullying, which led to Esha’s death.

On Sept 4, Fahmi warned that TikTok may face legal action if it fails to take appropriate measures to address online crimes, asserting that the platform has failed to provide enough moderators to monitor and review harmful content, among others. 

Noting that he is “very dissatisfied” with TikTok’s lack of seriousness in addressing previously raised issues, the minister said that following Esha’s death, the platform had promised to increase the number of moderators to monitor content, including TikTok Live. 

“However, during a meeting with TikTok today, they still failed to state the number of moderators that have been added to monitor and review content, including live broadcasts in Tamil,” he said then.

Reporting by Qistina Nadia Dzulqarnain, Hariz Mohd, B Nantha Kumar 

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