New Penal Code Amendments - Introducing the 'Esha Clause' to Combat Cyberbullying

The Dewan Rakyat has approved changes to the Penal Code aimed at addressing bullying and harassment, including cyber abuse. These amendments make it illegal to engage in actions that cause harassment, fear, or distress, as well as the misuse of identity information to harm others.

The newly introduced provisions also criminalize the act of publicly disclosing private information, commonly known as “doxxing,” with the intent to cause harassment or harm.

Furthermore, individuals responsible for creating and distributing revenge pornography or leaking compromising content of former partners will be held accountable under the law. In severe instances, these offenses may result in a prison sentence of up to 10 years.

While presenting the amendments, Minister of Law and Institutional Reform Azalina Othman Said highlighted the inclusion of an “Esha clause,” which makes it a criminal offense for individuals to incite others to harm themselves. The “Esha clause” is named in honour of Rajeswary Appahu, an influencer who tragically took her own life following online harassment.

Azalina stated that existing laws fail to effectively address psychological or emotional threats, particularly those delivered through digital platforms such as social media or messaging apps. She also defended the omission of mens rea (intent) in Section 507C of the Penal Code, emphasizing that this ensures bullying is fully addressed, regardless of whether there was intent behind the action.

Azalina explained that making this law a strict liability offense—where prosecutors do not need to prove the offender’s intent—was a necessary step to prevent individuals from exploiting legal loopholes to evade prosecution.

“Bullying has become more complicated today, and we must ensure that the law holds individuals accountable for actions that cause harm, even when intent cannot be definitively established,” she stated.

Azalina emphasized that the accused would receive fair treatment, as the new laws provide them with the opportunity to defend themselves by demonstrating that they had no reasonable basis to believe their actions would be seen as harmful or distressing.

Hassan Karim (PH-Pasir Gudang) praised the new laws as “one of the best for the country,” noting that it follows a series of more regressive laws that had been passed recently.

The laws were approved through a voice vote and will now proceed to the Dewan Negara for further discussion.

The recent amendments to the Penal Code mark a significant milestone in the fight against bullying and harassment, especially in the digital realm. The introduction of the “Esha clause” stands as a poignant reminder of the tragic loss of Rajeswary Appahu, a young influencer who took her own life after enduring online harassment. By naming the clause in her honour, the law not only addresses the urgent need for protection from cyber abuse and revenge pornography but also serves as a tribute to Esha’s memory, emphasizing the importance of preventing mental and emotional harm.

This thoughtful inclusion underscores the growing recognition of the need to safeguard individuals from psychological abuse, alongside physical harm. As these laws move forward, the “Esha clause” will continue to symbolize the commitment to protecting vulnerable individuals from online harm, ensuring that their voices and stories are not forgotten.

Source: Free Malaysia Today