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Esha Clause: Expert Reacts To New Anti-Bullying Provisions

Dec 12, 2024

The Dewan Rakyat passed several amendmends to the Penal Code earlier this week, to better combat cyber bullying. 

It's dubbed the Esha Clause, in honour of the social media influencer who tragically committed suicide following a torrent of online abuse. 

It provIdes a clearer definition of what amounts to cyber bullying, and imposes tougher penalties for convicted bullies. 

UM Criminologist, Dr Haezreena Begum Abdul Hamid welcomed the move as a step in the right direction.

"Now there is this new creation of Sect 507D(2) which carries imprisonment of up to one year and fines. I'm also happy to know that there is a stiffer punishment if the provoked person commits suicide or attempts suicide." 

Dr Haezreena also pointed out that the government is also proposing rehabilitative aspects to the law, to ensure that convicted cyber bullies don't do it again. 

"If the person who bullies is convicted, then there should be programmes in prisons. Those who have been charged but have not been convicted, or are acquitted, we should also look at classes outside and give them these rehabilitation classes." 

More importantly, she says victims of cyber bullying must be given the necessary support, because of the deep emotional scars caused by bullying. 

"The ones who are bullied definitely need help because it goes back to their self-esteem, their own self-care, their morality, how they think of themselvs, their confidence levels. They may be more affected than you think they are."

However, we shouldn't expect to see instant results from the Esha clause. 

The amendments have yet to officially become law, and even then it will take some time  to gauge its effectiveness. 

"It’s just been passed. We’ll wait for it to be gazetted and we’ll have to see how this clause stands out. Maybe we need to give it a year or two to see the results of this." 

The amendments were proposed after one of Esha's accused bullies only received a RM100 fine, because of a lack of proper laws. 

Among other things, this new clause provides tougher penalties for words or actions that threaten, insult, or defame, with the intent to provoke self-harm or harm to others. 

It also criminalises Doxxing, which is the intentional release of personal information to harass, intimidate, or cause distress.

Doxxing is punishable by up to three years jail, a fine, or both. 

Meanwhile if you are a cyber bullying victim and are in need of mental health support you can contact the government's Talian HEAL Helpline at 15-555.