PETALING JAYA: The lack of systematic investigation into the depth and breadth of cyberbullying must be urgently addressed.
Malaysian Employers Federation (MEF) president Datuk Dr Syed Hussain Syed Husman (pic) said the MEF is concerned that the Malaysian Communications and Multimedia Commission had recorded 3,199 complaints related to cyberbullying in 2023 on social media platforms such as Facebook, WhatsApp, Instagram, TikTok and X.
“Our concern stems from the fact that employees are also on these platforms and could become victims of such cyberbullying, ultimately affecting their mental health and work performance.
“While laws related to cyberbullying cases come under the purview of the Communications and Multimedia Act 1998 and the Defamation Act 1957, the definition of cyberbullying itself is not clear, and this is worrying.”
Syed Hussain said the absence of specific legal provisions for cyberbullying in Malaysia presents a significant challenge, while the absence of a definite anti-cyberbullying policy in the workplace presents employers with challenges.
“Addressing the matter can be tricky because of lack of comprehensive guidelines, the uncertainties that surround the timing and location of cyberbullying incidents, and difficulties in identifying anonymous perpetrators due to the absence of necessary resources.”
He said the MEF is well aware of the negative ramifications that extend to the victims, their colleagues and employer, and expressed condolences over the death of social media influencer and activist Rajeswary Appahu, 30.
Before her demise, Rajeswary had lodged a report at the Dang Wangi police station in Kuala Lumpur, alleging she was being tormented and trolled on social media platform TikTok.
Shalini Periasamy, 35, a TikTok user going by the handle @alphaquinnsha, was fined RM100 after pleading guilty under Section 14 of the Minor Offences Act to using vulgar language on TikTok against Rajeswary with the intent to incite anger to disrupt peace.
Lorry driver B. Sathiskumar, 43, also pleaded guilty to making offensive remarks about Rajeswary through his TikTok account “Dulal Brothers 360”.
He was charged under Section 233 of the Communications and Multimedia Act, which deals with the misuse of network facilities. The offence carries a potential penalty of one-year imprisonment, a fine of up to RM50,000, or both.
“Without any resolution to cyberbullying, the consequences can be severe. Victims of workplace cyberbullying may experience anxiety, depression, and a decrease in job satisfaction, which could lead to higher absenteeism and turnover rates.”
He said morale in the workplace can also be affected, leading to a toxic work environment that hinders collaboration and productivity. This will negatively impact the company’s reputation, making the retention of talent more difficult.
Syed Hussain also praised the proposal announced on July 28 by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said for a new law that would include a “kill switch” as part of its provisions to ensure online safety and tackle cyberbullying.
He said the MEF also supports the requirement for social media platforms to apply for operating licences, the enforcement of which will begin on Jan 1, 2025.
“These developments to tackle cyberbullying do not mean companies should leave the matter to the authorities. The MEF takes the position that all employers have a responsibility to provide a safe place for employees and their families,” he said, expressing hope that the government will consult it and other stakeholders to ensure new policies are effective in combating cyberbullying.
Syed Hussain said companies should initiate an investigation and take appropriate action against any perpetrator of cyberbullying at the workplace, including disciplinary measures, counselling, or even termination, depending on the severity of the employee’s conduct.
“In leveraging the existing anti-bullying human resource policies, managers and supervisors must handle suspected perpetrators with acute sensitivity. If any employee behaviour exhibits elements of harassment or sexual harassment, company policies and federal laws must be enforced; to ensure there is recourse.”
