KUALA LUMPUR – If you’re being harassed, threatened or humiliated online — don’t suffer in silence. Speak up, report it, and take action.
That’s the message from Malaysian Communications and Multimedia Commission (MCMC) Online Harms and Information Security Committee Chairman Derek Fernandez, who is urging victims of cyberbullying to come forward and use the available reporting tools as part of the agency’s ongoing Internet Selamat campaign.
“There are a number of laws which prohibit it, but that’s not the problem. The problem was not the law, but the problem was how do we determine that a person is being cyberbullied, especially where the bullying is taking place on platforms of which the government does not have technical control,” he said while speaking on the Scoop Insight podcast, recently.
“If a person puts a complaint to MCMC – I am being bullied, please help me. That’s great. That would be a case where we can intervene and tell the platform like X, Twitter, Instagram that this is so,” he added.
“The platforms themselves have ways to complain when you feel that you’re being bullied.”
Derek said MCMC’s approach is to compel platforms to act swiftly when a user reports harm — or face consequences.
“So the first step that we did, somewhat controversially, and a lot of people still don’t understand, is to make platforms liable for the policing of their own platforms in not responding promptly and adequately and timely to a plea by a person that they’re being bullied. And to do the necessary – to remove the post… get the post removed,” he said.
“There must be very strict liability – in terms of, if you allow bullying to take place, if the victims complain about it, and if you do not take it down and you do not help that person, then you have to bear the legal consequences or be fined a penalty or whatever that is.”
He said that just like traffic infrastructure must be properly maintained, so too must the digital highways of social media.
“If you are running a business, there must be minimum standards and SOPs and understanding that you’re in the business of speed, post, put up, post put up – it’s the digital highway, they control the highway, and if they allow so many cars on the road, they must ensure that there’s adequate capacity to deal with accidents, deal with potholes, deal with dim lights. This is their responsibility,” he said.
“I’m not asking them (the platforms) to do everything all the time, that would not be fair to them. But when a complaint is made, especially involving bullying, knowing full well that it can lead to death or self abuse, you have to take a very clear timeframe, within 24 hours or 48 hours you have to take action.”
Esha Clause: A case that changed the law
The call for better protection and accountability comes in the wake of TikTok influencer Rajeswary Appahu’s tragic death by suicide in 2024 after prolonged online harassment.
Known by her followers as Esha, her case shocked the nation when one individual was fined just RM100 under the Minor Offences Act — a penalty widely condemned as inadequate.
The public backlash led to the introduction of Section 507D(2) of the Penal Code, now commonly referred to as the “Esha Clause.” The amendment criminalises threats or insults made with the intent to provoke self-harm or suicide, carrying a punishment of up to 10 years’ imprisonment.
As part of the Internet Selamat campaign, Derek said MCMC is working to educate students and the public on how to respond to online harassment and report it through the right channels.
“This is the part our training (Internet Selamat) will tell you. If you feel that you’re being bullied or you’re being abused, please tell somebody. If you tell the regulator, you can complain to us (MCMC), we will then be able to assist that process by contacting the platforms,” he said.
“And those people who feel they’re victims, please talk to somebody, talk to your parents at the very least and let your parent reach out. Nothing to be ashamed about. Nothing to be shy. If you are stressed out, please let them know that certain posts against you are terrible.”
He also warned of more serious cases such as sextortion and blackmail.
“Sometimes it can be worse, you might have accidentally exposed yourself or something, they’re taking pictures, they’re blackmailing you. This is a sickness in this whole thing that is going on, because you dare not tell anybody because you had allowed those pictures to be taken, but now it’s used to want you to commit suicide, please speak to the authorities on this matter and let them know.” – July 19, 2025