By Nalini Elumalai, Senior Malaysia Programme Officer, ARTICLE 19
The recent death of Rajeswary Appahu, known as Esha, a woman social media influencer based in Malaysia, has sparked debate about what needs to be done to curb cyberbullying and for people to feel safe online. Firstly, I would like to extend my condolences and solidarity to the family of Esha, and to all the victims of bullying, whether online or offline.
In today’s digital age, cyberbullying and online harassment are serious issues that can affect anyone. However, certain groups, such as people with disabilities, the LGBTQ+ community, girls, women, children, and religious groups and ethnic minorities, are more likely to be targeted and are particularly susceptible to its harmful effects. Exposure at a young age can lead to severe mental and emotional impacts, such as depression, fear, and embarrassment. Additionally, it can result in a loss of interest in social activities and hobbies, as well as lead to other physical health issues.
Hate, against individuals and groups targeted for their ethnicity, nationality, gender or other protected characteristics, can also produce negative mental, emotional, and physical consequences, including low self-esteem, anxiety, fear for their life, or even thoughts of suicide. It is crucial that society takes online hate speech, harassment, and cyberbullying seriously.
Technology-facilitated violence (TFV) refers to more concrete forms of harassment such as impersonation, doxing [the publication of one’s private and personal information without their consent], physical threats, non-consensual sharing of intimate images, and deliberate personal attacks on communication channels. According to a report published by the Centre for International Governance Innovation (CIGI), in many cases, people experiencing these online harms do not take any action following such experiences, even in severe cases. Of those taking part in a survey carried out by CIGI, 40% confirmed they would not seek help.
Something essential is missing in the conversation: we need to differentiate between cyberbullying and other serious forms of online harassment. It’s imperative that we delve into the underlying causes of these problems now, rather than later, by which time the matter will be worse. Merely suggesting the enactment of new laws to punish offenders is not sufficient. We must shift our focus towards preventing bullying and online harassment altogether and transforming the pervasive toxic and hateful behaviours that perpetuate further instances of online bullying and harassment, possibly resulting in dire consequences.
What is (and is not) cyberbullying?
Bullying is a significant social issue that requires the attention of various stakeholders. It can occur anywhere – at school, work, home, online or in person. Social media and the internet amplify and exacerbate bullying.
UNICEF provides the following definition for cyberbullying:
‘Cyberbullying is bullying with the use of digital technologies. It can take place on social media, messaging platforms, gaming platforms and mobile phones. It is repeated behaviour, aimed at scaring, angering or shaming those who are targeted.
Examples include:
- spreading lies about or posting embarrassing photos or videos of someone on social media
- sending hurtful, abusive or threatening messages, images or videos via messaging platforms
- impersonating someone and sending mean messages to others on their behalf or through fake accounts.’
However, this definition does not serve the purpose of criminalising the various conduct that happens online. The difference is that online harassment and threats are more serious and concrete forms of attacks that put people’s life and physical integrity at risk. Therefore, they should not benefit from being classified as cyberbullying, a broader concept that can encompass abuse that does not put people at risk and can be addressed through less restrictive measures. more Serious forms of attacks require legal measures, including criminal investigations. Therefore, an important message for authorities is that criminalising the mere sending of uncomfortable or offensive social media messages is a broad, ill-defined approach that can be easily abused.
Address the root causes of cyberbullying and online harassment
It is high time for all relevant stakeholders in Malaysia to start having conversations about the root problems of the issue. Policies and laws should aim to combat these underlying issues.
It is important to understand why cyberbullying and online harassment happens. Bullying has always been a problem, even before the advent of social media. It is essentially about power. When bullies target their victims, they may seem strong, dominant, or in control, but it is often just a facade. Many people put others down to make themselves feel powerful.
Research has also revealed that some bullies are affected by their own past experiences of being victims of abuse. The issue in hand is not just to deal with the act of bullying but also how to prevent people from becoming bullies, and to determine what societies and governments need to do to provide an environment that is safe, and free from violence, discrimination, and prejudice. To prevent and draw attention to cyberbullying, governments, education institutions and social media companies must make concerted efforts,
Addressing the root causes of bullying, such as imbalanced power dynamics, prejudice, gender bias, inequality, lack of education regarding civil and human rights, lack of empathy, and societal norms is crucial.
Often, government and private actors, including social media companies, narrow the scope of issues like cyberbullying and online harassment to one of content moderation. This approach, which is prevalent in Malaysia, ignores the root causes of systematic online harassment and cyberbullying. The Malaysian government shouldn’t wash its hands of addressing systematic and structural discrimination.
When cases of bullying occur online, social media companies also have a role to play by receiving and actioning reports about these cases. Scrutiny over their responses can also contribute to preventing escalation of cases.
Cyberbullying or online harassment?
Cyberbullying and online harassment are often conflated in general, including in Malaysia. However, making distinctions between them is key to determining the best approaches governments and social media companies can take to both protect those targeted for specific reasons and the right to freedom of expression.
Perpetrators of cyberbullying often remain anonymous, further disempowering victims. This lack of direct contact and knowledge has a significant impact on the emotional well-being and mindset of victims. When cases escalate, the sense of danger and risk are difficult for victims to bear. In these cases, relevant measures to consider include demanding swift responses from companies and risk assessments carried out by authorities to prevent escalation.
Due to the escalation of sexism, gender discrimination, homophobia, transphobia, and the proliferation of violent threats in both online and offline environments, many women and members of the LGBTQ+ community around the world are confronted with the dilemma of either enduring the abuse or opting for silence. This abusive conduct gives rise to tangible harm in both the digital and physical domains, with limited resources available to those subjected to online harassment.
We need a holistic approach to tackle the problems
Hence, the Malaysian government should thoroughly assess the specific problems it wants to address and consider that it may require different responses rather than a single, one-size-fits-all criminal measure. The government must ensure that any criminal actions related to online harassment take into account the actual and potential harm to the victims. It’s crucial to clearly distinguish between harassment and protected expression, which includes criticism of politicians, public officials, and other public figures. Given Malaysia’s history of restrictive legislation, a new cyberbullying offence could end up being another easily-abused criminal measure rather than effectively addressing the underlying issue.
International laws clearly state that any restrictions on the right to freedom of expression must adhere to the three-part test of international law, which requires that the restrictions be provided by law, serve a legitimate aim (such as public order, national security, public health, morality and reputation, or the rights of others), and be necessary and proportionate.
We need a holistic, consistent and robust legal framework, and policies and practices that address the root causes of the problem and prevent harm. To effectively combat these issues, the government should proactively engage with civil society, women’s rights groups, and other pertinent stakeholders. By collaborating with these groups, the government can gain valuable insights, develop comprehensive strategies, and implement impactful measures to safeguard individuals from online harm.
It is important to thoroughly consider how social media companies enforce their policies. We need to examine whether they responded promptly to reports of harassment and threats that tragically resulted in loss of life.
All individuals are entitled to live free from violence, abuse, harassment, bullying, and fear of violence. The prevalence of cyberbullying, online harassment, and gender-based violence fosters a hostile digital environment, dissuading women, girls, people with disabilities, LGBTQ+ people, and gender-diverse individuals from engaging in public spheres and society in general. This engenders a stifling impact on expression and discourse, curtailing the right to participation and freedom of expression for diverse individuals. It is crucial to address such behaviour to ensure that these rights are upheld for all individuals, in all environments.