How does the RM100 fine for cyberbullying compare to other penalties?

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Comparison of Penalties for Online Offences Reveals Discrepancies in Sentencing

The RM100 fine imposed on an individual for uttering abusive words via TikTok, under Section 14 of the Minor Offences Act 1955, stands in stark contrast to penalties available under more specific legislation like the Communications and Multimedia Act 1998. This disparity has prompted a government review of cyberbullying definitions and punishments, highlighting the need for more substantial consequences for online misconduct. The Ministry of Communications has expressed disappointment with the RM100 penalty, deeming it insufficient given the context of online harm.
Minor Offences Act 1955: A General Framework for Public Order

The Minor Offences Act 1955 is a broad piece of legislation that addresses various minor public order offences. Section 14 of this Act, under which P. Shalini was fined RM100, specifically deals with intentionally uttering abusive words to incite anger or disturb the peace. This section carries a maximum penalty of a RM100 fine. While intended to maintain public order, its application to online behaviour, as seen in this case, reveals limitations in its capacity to address the nuances and potential severity of cyber-related disturbances.
Communications and Multimedia Act 1998: Specific Penalties for Digital Transgressions

In contrast, the Communications and Multimedia Act 1998 (CMA) provides a more specific framework for offences committed through communication networks. For instance, Section 233(1)(a) of the CMA addresses the act of making and initiating transmissions of an obscene nature. Conviction under this section can result in a significantly higher maximum fine of RM50,000, imprisonment for up to one year, or both. Furthermore, a daily fine of RM1,000 can be imposed for each day the offence continues after conviction, underscoring the gravity with which such digital transgressions are treated under this Act.
Government Review Aims to Strengthen Online Offence Penalties

The significant difference between the RM100 fine and the potential RM50,000 penalty under the CMA has led to a government-led review of cyberbullying laws. Minister of Communications Fahmi Fadzil has indicated that his ministry, along with other relevant bodies, is re-examining the definition of cyberbullying and the appropriateness of current punishments. The objective is to ensure that individuals involved in online harassment and other digital offences face penalties that are commensurate with the harm caused, thereby strengthening the legal framework for addressing online misconduct.

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How does the RM100 fine for cyberbullying compare to other penalties?

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