Malaysia enforces stringent laws to crack down on cyberbullying

Borneo Post

2 days ago

Cyberbullying, once viewed as an issue for school authorities or social media platforms to moderate, is now an offence that can lead to prison time and heavy fines. – AI image
KUALA LUMPUR (Aug 8): As Malaysians spend more of their lives online, many may still believe the internet is a lawless zone where words can be thrown around without consequence.
However, according to legal experts, cyberbullying is not only morally wrong; it is now firmly a crime under Malaysian law.
Associate Professor Dr Muzaffar Syah Mallow of Universiti Sains Islam Malaysia's Faculty of Syariah and Law explains that cyberbullying is defined as bullying using digital technologies across social media, messaging and gaming platforms, and mobile phones, where repeated behaviour aims to 'scare, anger or shame those who are targeted.'
'Face-to-face bullying and cyberbullying often happen alongside each other,' he said.
'However, cyberbullying leaves a digital footprint, a record which can be used later as evidence in court against the culprit.'
In recent years, Malaysia has strengthened its legal tools to address this growing threat, reflecting global concerns over online harassment and its tragic consequences.
On Dec 10, 2024, the government passed the Penal Code (Amendment) (No. 2) Bill 2024 and the Criminal Procedure Code (Amendment) (No. 2) Bill 2024, explicitly covering online bullying within the framework of bullying laws.
The amendments introduced a new subsection, 507D (2), criminalising the use of threatening, insulting or defamatory words or communications intended to provoke someone, leading to harm to themselves or others.
Convictions under this subsection can result in imprisonment for up to one year, a fine, or both. If provocation leads to attempted or completed suicide, offenders may face up to 10 years in prison.
'These amendments will facilitate investigations by the Royal Malaysia Police (PDRM), as there will be specific laws under which perpetrators can be charged,' Dr Muzaffar said, adding that the law now recognises psychological harm and emotional distress as valid forms of injury under these provisions.
Additionally, Malaysia's Online Safety Act 2025, passed in December 2024, aims to strengthen online safety while addressing the spread of defamatory content, fraud and threats to public order.
The legislation aligns Malaysia's commitment to digital safety with growing global concerns about the impact of online behaviour on mental health and social stability.
Under existing laws, those who distribute offensive or threatening content online can be prosecuted under multiple Acts, including the Penal Code, Sedition Act 1948, Computer Crimes Act 1997, Personal Data Protection Act 2010, Defamation Act 1956, and notably the Communications and Multimedia Act 1998 (Act 588).
One of the most cited legal tools in tackling cyberbullying, Section 233 of the Communications and Multimedia Act 1998, was recently amended under the Communications and Multimedia (Amendment) Act 2025.
The amendment, which came into effect on Feb 11, 2025, imposes significantly higher penalties, with fines of up to RM500,000 and/or imprisonment for up to two years for offences under this section.
Further fines of RM5,000 per day can be imposed if the offence continues after conviction.
'The Act also provides stiffer penalties if the offence is committed against a minor, with imprisonment of up to five years,' Dr Muzaffar noted.
Examples of cyberbullying that may be prosecuted include spreading lies or posting embarrassing photos of someone on social media, sending abusive or threatening messages, impersonating someone to send hurtful messages, or engaging in sexual harassment using digital platforms, including generative AI tools.
Professor Dr Muzaffar Syah Mallow
Cyberbullying, once viewed as an issue for school authorities or social media platforms to moderate, is now an offence that can lead to prison time and heavy fines.
The shift, experts said, is critical for cultivating a safer digital environment in Malaysia.
'Making cyberbullying a crime sends a strong signal over the seriousness of the issue,' Dr Muzaffar stated.
'People will be more cautious over their actions and words when they interact online.'
He emphasised that online activities are subject to Malaysian law just as offline actions are.
'Every aspect of our life has been heavily regulated through laws in Malaysia since independence, including the issue of cyberbullying,' he says.
Legal deterrents play a key role in addressing cyberbullying, but individual responsibility remains crucial in creating a safer online environment.
'Heavy penalties like many years' imprisonment and huge fines will prevent people from committing the crime of cyberbullying,' Dr Muzaffar explained, 'but everyone needs to be extra cautious over whatever they do and say online.'
He urged Malaysians to 'think about the implications or effects of their actions,' adding, 'If they are unsure of the consequences, it's better to keep silent.'
Dr Muzaffar also underscored the importance of responsibility due to Malaysia's multicultural and multi-religious society, where misunderstandings and conflicts can easily arise from careless online behaviour.
Victims of cyberbullying are encouraged to lodge complaints with the police or the Malaysian Communications and Multimedia Commission (MCMC).
'The Communications and Multimedia Act 1998 will act against the culprit who has violated the law. Anyone who has committed cyberbullying will face prosecution and charges under the Act,' he affirmed.
Beyond legal remedies, creating awareness of the legal consequences of cyberbullying is crucial in empowering individuals to protect themselves and others.
Educational institutions, NGOs, and government agencies have increased outreach to communities and schools, explaining the legal repercussions of cyberbullying and the importance of responsible online interactions.
As more Malaysians embrace digital technologies in daily life, the need for safer online spaces is critical, especially for youth.
Experts and advocates note that laws alone are not enough; parents, educators, and communities must work together to build a culture of empathy, respect, and accountability in the digital realm.
'We are living in a complex society, and being responsible with our words and actions online is not just about avoiding prosecution, it is about respecting others and ourselves,' Dr Muzaffar said.
As the laws tighten and awareness grows, Malaysia is sending a clear message that the internet is not a lawless zone, and cyberbullying will no longer be tolerated. cyberbullying online social media