Family of Malaysian TikToker Esha who died in cyberbullying case seeking legal advice after offender fined RM100
The family of the TikToker, whose name is Ms Rajeswary Appahu, is also backing the government’s move to strengthen laws against cyberbullying. Based on global statistics, Malaysia was ranked sixth in the world and second in Asia in terms of cyberbullying.
Social media influencer Rajeswary Appahu, who went by the TikTok alias Esha, was found dead in her home on Jul 5, following a police report she had been harassed and abused online. (Photo: Instagram/_rajeswaryappahu)
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KUALA LUMPUR: The family of a Malaysian TikTok influencer who took her own life in a cyberbullying case that has angered the nation is seeking legal advice over their dissatisfaction with how the case has been investigated.
This comes even as Malaysian authorities said that they are considering a proposal to amend the country’s Penal Code to introduce specific provisions for the offence of cyberbullying in the country.
Ms Rajeswary Appahu, 30, was found dead in her home on Jul 5, a day after she lodged a police report in Kuala Lumpur over fears of being raped and killed.
Local media reported that Ms Rajeswary, known online as Esha, had named two people in her police report, alleging that they were tormenting her by trolling her on TikTok.
She also claimed that an individual harassed her in a TikTok “live session” using threats and vulgarities. A TikTok live session allows viewers and creators to interact with one another in real time.
Lawyer T Harpal Singh, who confirmed Ms Rajeswary died by suicide and that he is now representing her family, told CNA that his clients have questioned why the police did not take “immediate action” following the woman’s report.
The lawyer also cast doubt on how police investigated the cyberbullying aspect of her case, claiming that police never looked into her phones for possible further evidence that could have led to charges for more serious crimes.
Sentul police chief Ahmad Sukarno Mohd Zahari, whose district headquarters probed Ms Rajeswary’s cyberbullying case, told CNA that investigations have concluded and that the “suspects have been charged in court”.
“Esha’s complaints were not investigated because she was not able to have her statement recorded. How can her phone be retrieved if she was not present to give her statement?” he said.
Assistant Commissioner Ahmad Sukarno previously told local media that police had also received a report from a 39-year-old man on Jul 6, a day after Ms Rajeswary’s death, about threats made against her on TikTok.
The complainant alleged he saw two postings on TikTok by profiles named Dulal Brothers and Alphaquinnsha allegedly defaming and threatening Ms Rajeswary, the police chief said as quoted in the New Straits Times.
“The complainant's report triggered the issue and police investigated based on his report, not Esha’s report,” Assistant Commissioner Ahmad Sukarno told CNA.
Two people have been charged with communication offences in Ms Rajeswary’s case.
One of them, lorry driver B Sathiskumar, pleaded guilty to a charge of posting lewd comments on TikTok using the profile "@dulal_brothers_360" with the intention to annoy others at 10.12pm on Jun 30, The Star reported.
The 44-year-old was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 and faces a fine of up to RM50,000 (US$10,700) or imprisonment of up to one year or both, with an additional fine of RM1,000 for each day the offence continues after conviction.
Sathiskumar also claimed trial to a second charge of posting lewd comments with the intention to outrage the modesty of Esha's mother, Ms Puspa Rajagopal, 56, at 10.15pm on the same day.
This offence, under Section 509 of the Penal Code, provides for imprisonment of up to five years or a fine or both.
As Sathiskumar had claimed trial to the second charge and wanted legal representation, KL Sessions Court Judge Siti Aminah Ghazali postponed sentencing for the first charge to give him time to find a lawyer, according to The Star. The case is set for mention on Aug 16.
Meanwhile at the Magistrate's Court, the other person charged in connection to Ms Rajeswary’s case - identified as nursing home owner Shalini Periasamy - was fined RM100 in default of seven days’ imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.
Shalini, 35, pleaded guilty to the offence committed via her TikTok account "alphaquinnsha" at around 4.10am on Jul 1. She was charged under Section 14 of the Minor Offences Act, which provides for a maximum fine of RM100 upon conviction, The Star reported.
The lawyer Mr Harpal said Ms Rajeswary’s family is unhappy with the punishment.
“The family said, how can the girl just get away with RM100 when they lost their daughter. I already managed to explain to them that these are the legal consequences that we have in Malaysia right now,” he said.
“But sometimes, families are bereaved and you can’t help it.”
The penalty has been perceived as too lenient by others as well, including Communications Minister Fahmi Fadzil, who expressed disappointment at the amount but conceded that it was meted out based on the evidence collected, Free Malaysia Today reported.
The government has also vowed to amend the Penal Code to make cyberbullying enforcement more effective, and draft a new Bill to make online services more accountable for online safety issues, including cyberbullying.
On Friday (Jul 19), Mr Fahmi - who is also the spokesman for the unity government - said that the Malaysian Cabinet has agreed to establish a special committee to address cyberbullying issues in the country. It will involve the Communications Ministry, Home Ministry, Digital Ministry as well as the Legal Affairs Division of the Prime Minister’s Department.
“The committee will look at the legal aspects and (make) amendments (to the laws) as well as other actions we feel are necessary to deal with the issues of cyberbullying,” Mr Fahmi was quoted as saying by Bernama.
WHY ONLY A FINE OF RM100?
Mr Harpal told CNA that Shalini, the accused, could not be charged with more serious offences as police investigations into her mobile phone probably did not yield sufficient evidence to prosecute her under the Communications and Multimedia Act, unlike the other accused Sathiskumar.
In Sathiskumar’s case, Mr Harpal believes that police had found a video in his phone proving that he did post comments directed at Ms Rajeswary that were egregious enough for him to be charged with the more serious offences.
Furthermore, Mr Harpal said Ms Rajeswary was no longer alive to testify in court on how she felt about being on the receiving end of Shalini’s remarks.
“If (Shalini) called for trial, there’s no one to testify about (Ms Rajeswary’s) reaction when the words were thrown upon her eventually. Only for that reason, (prosecutors) could not find any other provision of law in Malaysia (to charge her under),” he said.
Ms Nurulhuda Ahmad Razali, a law lecturer at Universiti Tenaga Nasional’s (Uniten) business school, said Shalini was only fined RM100 as she was charged under the Minor Offences Act.
“This came about as there are no legal provisions that can regulate or convict cyberbullying,” she told CNA.
Nevertheless, Mr Harpal feels investigators should have also considered Section 304 of the Penal Code, referring to culpable homicide not amounting to murder, if cyberbullying significantly contributed to someone’s suicide.
Penalties for this offence include up to 10 years’ imprisonment, a fine or both.
For enough evidence to be gathered to potentially prosecute this offence, Mr Harpal said police should have analysed Ms Rajeswary’s mobile phones, something he claimed they failed to do.
Mr Harpal alleged that police in Perlis had confiscated Ms Rajeswary’s mobile phone after she was arrested for a separate matter, and that he believes this phone - which he said has not been returned - was not investigated in connection to the cyberbullying.
“That is also a question of whether police have really tried to obtain the handphone and send it for cybersecurity (analysis) to retrieve whatever data in the phone and show the link with the investigation here,” he said.
After her initial phone was confiscated, Ms Rajeswary used a second phone that Mr Harpal said police also did not seize as part of the latest investigations.
According to the lawyer, police said the phone could not be investigated as it was locked, something he contends as investigators would have the means to unlock it.
“We should know, prior to her suicide, what happened, who she last spoke to, what was the length of (the conversation), all the details,” he added, noting that either phone could provide crucial evidence about why Ms Rajeswary took her own life, and lead to charges for more serious offences like culpable homicide.
Despite that, Mr Harpal acknowledged that there was no case law in neighbouring countries specifically involving the criminal prosecution of culpable homicide in cyberbullying cases, although he mentioned that the family was considering civil action.
He cited how in 2023, parents of a 12-year-old New Jersey schoolgirl who died by suicide after their complaints about cyberbullying were allegedly ignored received a US$9.1 million settlement from her school district.
Mallory Grossman died on Jun 14, 2017 after suffering months of cruel taunts from classmates, UK news outlet Independent reported.
Her death got nationwide attention and in 2022, a law named after her was passed requiring school districts to report and act on bullying complaints by the New Jersey state legislature.
“So far, Malaysia hasn’t got any precedent on (civil action involving) cyberbullying and suicide, but we are taking note of the US case to try to bring that type of scenario and see how it can work out in Malaysia,” Mr Harpal said.
BEEFING UP LAWS
Beyond that, the lawyer said Ms Rajeswary’s family has agreed with the government’s move to strengthen laws against cyberbullying.
He pointed out that Singapore’s Protection from Harassment Act (POHA), which provides protection against harassment, stalking and internet harassment, covers cyberbullying as a punishable violation.
Those convicted of intentionally causing harassment, alarm or distress - one of the most common offences under POHA - face up to six months’ jail, a fine of S$5,000 or both.
Meanwhile, Canada and Australia also have specific laws covering cyberbullying that carry jail terms, Mr Harpal said.
Malaysia’s Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said in a statement on Tuesday that the government is considering a proposal to amend the Penal Code to introduce specific provisions for the offence of cyberbullying.
The proposed amendment will define the term cyberbullying and classify it as a specific offence in Malaysia, she said, noting that current provisions are too general and create loopholes in the law.
“As a result, the criminal elements under the existing provisions make investigation and prosecution difficult, which could be one of the reasons why the public takes cyberbullying lightly, leading to the perpetuation of this issue,” she said.
Local newspaper the Sun reported in February that the Malaysian Communications and Multimedia Commission recorded 3,199 complaints related to cyberbullying in 2023. Of these, 2,971 or 93 per cent have been addressed and closed.
Based on global statistics, Malaysia was ranked sixth in the world and second in Asia in terms of cyberbullying, according to a 2022 study on existing cyberbullying laws in Malaysia published in the International Journal of Law, Government and Communication.
Uniten’s Ms Nurulhuda, one of the co-authors of the study, said current laws are not sufficient to charge or convict the offence of cyberbullying in Malaysia.
She welcomed the government’s move to strengthen cyberbullying laws and bring perpetrators to justice. “The most important thing is to define cyberbullying itself and categorise it as a criminal offence,” she said.
As for making online service providers more accountable, Ms Nurulhuda said while Malaysia already has laws to regulate internet service providers, it should consider introducing new laws to further improve online safety.
For instance, she pointed to Singapore’s POHA and Protection from Online Falsehoods and Manipulation Act, with the latter allowing the government to compel social media platforms to post a correction on or stop publication of falsehoods.
The study highlighted that cyberbullying could be considered worse than traditional bullying given the anonymous nature of online perpetrators and the speed with which such acts could spread.
In 2020, a 20-year-old Malaysian had also taken her own life after getting negative comments on her TikTok videos that had gone viral on Facebook, it said.
“A number of studies have found an association between cyber victims, cyber bullies and depression and suicidal ideation,” it added.
Where to get help:
Samaritans of Singapore Hotline: 1767
Institute of Mental Health’s Helpline: 6389 2222
Singapore Association for Mental Health Helpline: 1800 283 7019
You can also find a list of international helplines here. If someone you know is at immediate risk, call 24-hour emergency medical services.
