Malaysians discontent with RM100 fine for influencer’s cyberbullying linked to her suicide

MALAYSIA: Shalini Periasamy, a 35-year-old private psychiatric care nursing home owner, received an RM100 (approximately S$28.75) fine after admitting guilt to a charge under Section 14 of the Minor Offences Act 1955.

She was among those charged in the Sessions and Magistrate’s Courts on 16 July for communication offences on TikTok connected to the death of social media influencer A. Rajeswary, known online as Esha.

Shalini had used her TikTok account to defame Esha and issued several threats in a menacing tone.

Furthermore, she held live sessions on TikTok, where she threatened those who opposed her, leading Esha to report the incidents to the police.

Esha was found dead in a condominium in Setapak on 5 July, a day after she had filed a police report at the Dang Wangi police station regarding the threats made against her.

Many people were dissatisfied with the penalty, including the victim’s mother and Communications Minister Fahmi Fadzil.

The victim’s mother has demanded stricter penalties for cyberbullying, contending that those accountable for her daughter’s suicide should face imprisonment instead of a mere fine.

She was particularly upset upon witnessing Shalini smiling as she exited the Kuala Lumpur Court Complex.

Minister Fahmi Fadzil expressed regret over the inadequacy of the RM100 fine, stating that the current definition of ‘cyberbullying’ needs to be revised to ensure that more fitting punishments are enforced.

He pointed out the influencer’s apparent lack of remorse for her actions, which contributed to a tragic loss of life.

“I am disappointed with the small fine, but I’ve been made to understand by the Attorney-General’s Chambers that the punishment was meted out based on the evidence collected.

We need to re-examine the definition of cyberbullying, and what the appropriate fine is for it, he told reporters at a press conference after his keynote address at the KL Startup Summit 2024.

In a related case, lorry driver B. Sathiskumar admitted to posting indecent comments on TikTok.

He was charged under Section 233(1)(a) of the Communications and Multimedia Act (CMA) 1998, which could result in a fine of up to RM50,000 (approximately S$14,374.30) up to one year in prison, or both, along with an additional fine of RM1,000 (approximately S$287.49) for each day the offence continues post-conviction.

Sathiskumar also faced a second charge for posting indecent comments aimed at offending the modesty of Esha’s mother.