THE issue of cyberbullying has garnered significant attention globally, including in our country. Numerous proposals have been made to tackle this problem, with one popular recommendation being the creation of specific legislation. While laws could effectively address cyberbullying, there is concern they might be abused to control society, suppress free speech, and stifle dissenting opinions due to the broad definition of cyberbullying, similar to the Sedition Act 1948 (Act 15).

Cyberbullying, which is prevalent in social media, is defined as bullying over digital devices like phones, computers, and tablets. It can occur via SMS, text, apps, or on social media, forums, and gaming sites. Cyberbullying includes sending, posting, or sharing harmful, false, or mean content about someone, and sharing personal or private information to cause embarrassment or humiliation. Some cyberbullying behaviours are unlawful or criminal. Common platforms for cyberbullying include Facebook, Instagram, Snapchat, TikTok, text messaging apps, instant messaging, chat rooms, forums, email, and online gaming communities.

Cyberbullying is particularly concerning because it can be persistent, permanent, and hard to detect. Its effects vary but can include humiliation, depression, anger, frustration, loss of confidence, feelings of worthlessness, low self-esteem, family problems, academic difficulties, school violence, and suicidal thoughts. Besides legislation, continuous education and awareness are crucial for addressing this issue. Society must be educated about cyberbullying and its negative impacts. The government should carry out ongoing educational and awareness campaigns through all media outlets, targeting students in schools and universities for early exposure to the issue.

If the government insists on creating a law to address cyberbullying, it must ensure the law focuses solely on cyberbullying and does not suppress freedom of speech and expression. People should be encouraged to speak up to defend themselves and contribute to societal and national progress. Freedom of speech and expression are fundamental human rights, protected by Article 19 of the Universal Declaration of Human Rights 1948 (UDHR) and the International Covenant on Civil and Political Rights 1966 (ICCPR). Article 19 of the UDHR states, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Similarly, our Federal Constitution, the highest law of the land, protects these freedoms. Article 10(1)(a) states, “Every citizen has the right to freedom of speech and expression.”

However, no freedom or human right is absolute, including freedom of speech and expression. Article 19 of the UDHR allows for limitations, as amended in the ICCPR 1966, stating that these freedoms carry “special duties and responsibilities” and may be restricted when necessary “(f)or respect of the rights or reputation of others” or “(f)or the protection of national security or of public order, or of public health or morals.”

Similarly, the Federal Constitution allows for limitations. Article 10(2)(a) states, “Parliament may by law impose on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality, and restrictions designed to protect the privileges of Parliament or any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence.”

While limitations exist, they should not entirely shut down the ability for people to speak and express dissenting or constructive views. – July 15, 2024.

* Muzaffar Syah Mallow is associate professor at University Sains Islam Malaysia Faculty of Shariah and Law.
 

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.