Cyberbullying is a form of bully by using digital means, such as Facebook, Twitter, Instagram and many more. Most of the victims and bullies of cyberbully are teenagers as this category of people are the ones who are exposed more to the technologies in this modern era. Cyberbully includes acts like threatening, sending provocative insults, racial or ethnic slurs, gay bashing, infecting victims’ computer with virus and flooding messages through e-mail inbox. The reason cyberbully is becoming more and more common is that the bullies can hide behind the screen to attack the person without revealing their identities.. Some people might overlook the consequences of cyberbully, thinking that it is just a normal behaviour and that people should just ignore these digital hate messages. However, the facts have proven to us that cyberbullying has affected a lot of people. According to a research carried out by Cyberbullying Research Centre, cyberbullying casualties are more likely to have moo self-esteem and to consider suicide. Besides, generally 64 percent of understudies who claimed to have been cyberbullied clarified that it contrarily affected both their sentiments of security and capacity to memorize at school. These impacts should be viewed and solved properly to ensure that the mental and emotional well-being of internet users is taken care of. This assignment is going to discuss more on cyberbullying. Before getting into what this assignment is about, our group would like to express our deepest gratitude to our Legal Method lecturers, Mr Maran A/L Nandan, Mdm Nadia Binti Abu Hasan and Dr Siti Zaharah Binti Jamaluddin for giving us guidance throughout the process of completing this assignment.
Key information in the statement
There are a few key information that can be seen in the statement. The first one is this incident happened on 2nd May 2017, which means this incident took place not long ago. This is because the usage of internet is more popular nowadays compared to the past. Statistics have shown that the number of internet users has increased from 20.68 million in 2015 to 21.54 million in 2017 in Malaysia.
Next, the victim of cyberbullying is a young man. Teenagers can be said as the most common category of people to be involved in cyberbullying. Young people tend to be affected the most in this kind of circumstance because they are still emotionally and mentally weaker compared to adults. This is due to their lack of experience in life and they care too much of people’s opinions about themselves especially the negative comments. This statement is further supported by a 2016 report from the Cyberbullying Research Center indicates that 33.8% of understudies between 12 and 17 were casualties of cyberbullying in their lifetime. Then again, 11.5% of understudies between 12 and 17 shown that they had locked in in cyberbullying in their lifetime.
Furthermore, the next key information is that the young man decided to solve the problem by committing suicide. Suicide is an act of killing oneself. People who commit suicide are always associated with depression or mental illness. This is in fact not a way to solve the problem at all. His family will be living in sorrow due to his reckless behaviour. He should think twice before he made that decision. He could also look for counsellor or talk this thing through with his parents or his close friends.
Besides, the victim’s father alleged that the victim was criticised and shamed on Facebook. This is one of the most common ways people cyberbully. Criticising them publicly can cause people to feel insecure about themselves especially when the identity is hidden, people tend to say whatever they think without considering the feelings of the victims and the damage that may be imposed on the victims. This action is known as dissing. Dissing is the act of sending or posting pitiless data approximately individuals online, to harm their notoriety or companionships with others. It can too incorporate posting fabric online such as photographs, screenshots or recordings. The cyberbully wants to put the casualties down, draws consideration to what they are saying approximately them to create other individuals think they’re not cool.
As we can see in the statement, the statistics have shown a 33% of children in Malaysia have been cyberbullied before and another 38% are afraid that they will be cyberbullied one day. This can be a message to the Malaysian government that they should take note on providing education on cyberbullying to the citizens as Malaysians are still not well protected by the cyber law can be found in Malaysia. The government should enforce the existing legislations on cyber law, such as the Computer Crimes Act 1997 and Communications and Multimedia Act 1998 by a way of sanction. Besides, create legal legislations which can cover the needs and also to fulfil the social needs of the people as law acts as an instrument of social control and justice.
Definition of cyberbullying and its consequences.
“What is cyberbullying?” is by far one of the most frequent questions people ask because many know what it is and when it happens but have difficulty wrapping descriptive words around it. We all know that the word “bullying” is not something new to all of us. It has been there since our parents’ generation. However, bullying has branched out and has given us cyber bullying. According to Oxford Dictionariescyberbullying implies the utilize of electronic communication to bully an individual. This communication regularly includes sending messages of an threatening or debilitating nature.It can include sharing personal or private information about someone else which causes them to be humiliated or embarrassed.
This era of youthful individuals are associated in a way that no other that no era has been some time recently. Everything is truly a click absent with the predominance of smartphones and contraptions. Broad nearness of social media and computerized gatherings, comments, photographs, post and substance shared by people can be seen not as it were by our family and near companions but too associates and outsiders. With increasingly youth investing times on the Web, it is conceivable for bullies to reach their casualty at all times of the day. Web makes it simple for bullies to distance and choose on their victims.
Holding guardians responsible for their children’s bullying could be a frightening and calming reality many parents got to confront. It may well be simple to rationalize a child’s bullying propensities as ‘kids are fair being kids’ or fair a unimportant stage. Be that as it may, guardians got to be mindful that a potential result of cyberbullying seem come back onto them and arrive them in hot water with the law. Bullied children are not able to discover a secure safe house at domestic or evacuate themselves from the invasion of corrupting posts. The 24/7 network to the Web and contraptions can rapidly turn a couple of scornful comments into a seething case of cyberbullying. A overview by DIGI Media transmission Sdn Bhd and Telenor Bunch final year uncovered that one in four understudies conceded they experienced cyberbullying.
Moreover, mysterious Web clients can come in numerous shapes, from ‘trolls’ blending inconvenience in communal gatherings to scornful bullies on individual destinations. The control for somebody to stay mysterious could be a perilous thing, but the threats of introduction to mysterious comments are indeed more prominent. Namelessness empowers individuals to specific themselves without fear and gives a voice to a few who would ordinarily be perplexed to create themselves listened. For case, websites such as Ask.fm and Sarahah and considered to be unsafe because it permits individuals to inquire questions namelessly and a few of the things individuals say are not the foremost accommodating or elevating for a individual to listen.
Last year, a 16-year-old girl was cyberbullied and the emotional abuse came to a point where she contemplated suicide. She said that the bully fat-shamed and accused her of things she didn’t do. The bully then goes on to spread lies about her on Instagram, Snapchat and WhatsApp. The victim then found out that the bully had created multiple accounts on Instagram and has a specific one just to humiliate people. Above all of that, it is significant to know that bullies themselves are also insecure because they may have been bullied before, and so they exert power upon the more vulnerable ones to show that they are in control.
Another recent news that shocked the people of Malaysia when an Electronic Engineering student fell to his death from a flat near his university in Penang. The family ruled out that his cause of death was most probably due to cyberbullying. His parents stated that the victim started to behave differently when some college mates started to criticize and shame him on Facebook with some nasty and negative remarks. They even named the victim in their nasty remarks which eventually affected the victim the most. The last words found on the victim’s Facebook page before the incident was “Cremate my body and release the ashes into the sea. No need tombstone and funeral. Goodbye”.
According to the news above, cyberbullying causes socioemotional pain towards the victims. Overtime, the embarrassment, sadness, and isolation that come from being a victim of bullying can take hold. Since the information is released online, teachers, staff and families may not be aware that the bullying is going on, leaving the victim to suffer in silence. This can cause severe damage to their emotional and social skills. Casualties of cyberbullying are more likely than their peers to mishandle liquor and drugs, have physical and passionate wellbeing issues and may endure from moo self-esteem. Destitute grades in school are another result of cyberbullying that can too be went with by an endeavor by the casualty to dodge other children by denying to go to school. Tragically, the long-term impacts of cyberbullying can gotten to be life debilitating issues. About 20 percent of cyberbullying casualties report having self-destructive contemplations concurring to the Cyberbullying Investigate Center. These awful occurrences have driven to expanding consideration on the issue, with anticipation endeavors getting to be a priority.
The impacts or results of being cyberbullied on the casualties run from mellow to serious impacts. It can contrarily influence everyone counting those who are bullied, those who bully, and those who witness bullying. According to Nixon, the victims of cyberbullying can experienced mental and physical issues. Subsequently, exceptionally frequently the casualties are physically weaker than their peers and in more regrettable cases it might cause suicide in case direction and help are not given to them to urge freed of cyberbullying. Concurring to a overview “Online Bullying among Youth 8-17 A long time Ancient in Malaysia” by Microsoft Enterprise in 2012, Malaysia is positioned 17th the most elevated in online bullying among 23 nations studied. The mindfulness and information of online bullying is significantly lower than normal. The factual report by the Cyber Security Malaysia in 2007 appeared a add up to of 60 cases have been detailed and treated as cyberbullying. Cyberbullying is happening around the globe like an epidemic Including Malaysia. Every person is responsible to combat cyberbullying from becoming a prevalent in our country. Government, schools, counselors, teachers, peers and most importantly family must hold up their role to avoid anyone from becoming a victim of this epidemic called cyberbullying.
Legislation and Case Laws in Malaysia on cyberbullying and its effectiveness
Cyberbullying is in fact a wrongdoing, and fair since it is an act that happens within the virtual world and it includes minors, doesn’t cruel that there are no laws to require activity on offenders. The act of cyber bullying is also traceable, and if found blameworthy cyber bullies can be charged similar to any other criminal, and beneath a number of current legislations in Malaysia.
To begin with, the Communication and Multimedia Act. Area 223 of the Communication and Multimedia Act stipulates that on the off chance that a individual is found utilizing arrange offices or organize administrations improperly, the wrongdoer is at risk to a fine of up to RM50,000 or a jail term of not more than a year.
Next, the Malaysian Penal Code. Section 503 of the Malaysian Penal Code gives that in the event that is that a danger to harm the notoriety of any expired individual in whom the individual undermined is interested, is inside this segment. The outline may, Be, a for the reason of actuating B to cease from arraigning a gracious suit, undermines to burn B’s house. A is blameworthy of criminal intimidation.
Besides, Area 506 of the Malaysian Penal Code states that whoever commits the offense of criminal terrorizing should be punished with imprisonment for a term which may amplify to two a long time or fine or with both; and on the off chance that the risk is to cause passing or genuine harmed, or to cause the pulverization of any property by fire, or to cause an offense culpable with passing or detainment, or with detainment for a term which may expand to seven a long time, or to ascribe unchastity to a lady, might be rebuffed with detainment for a term which may expand to seven a long time or with fine or with both.
Whereas Section 506 of the Penal Code gives that whoever commits the offense of criminal terrorizing by an puzzling communication, or by having taken safety measures to conceal the title or home of the individual from whom the risk comes, should be rebuffed with detainment for a term which may be up to two a long time, along side the discipline given for the offense by area 506.
There have been a few cases of cyberbullying that has made the news in later months. The Star detailed a case where a nine-year-old was having self-destructive considerations after being called dreadful names on Facebook. In May 2017, a 20-year-old understudy hopped from the 17th floor in Georgetown, Penang, Teh Wen Chun, was said to be battling with his considers and was too said to be a cyberbully victim.
Yayasan Generasi Gemilang’s Chief of Administrations, Nicholas Foong said that “With social media and the Web, bullies can presently take after you home,”. He moreover said it is conceivable for bullies to reach their casualty at all times of the day with increasingly of our youth investing time online. “Bullies can reach you wherever you go, the casualties will never get a rest,” he said . Foong said that the Web has made it simpler for the bullies to distance and choose on their casualties. He moreover specified around the websites such as Ask.fm and Sarahah which permit individuals to comment strangely. “Because it is mysterious, a few of the things individuals say are not the accommodating and satisfying for a individual to hear,” he said.
Through a 2014 understudy study, one out of four understudies have been casualties of cyberbullying. But it is said that the numbers may be higher presently. “Considering how regularly we have been inquired to come conversation on the subject of cyber bullying, we know that cyber bully is one of the foremost migraine issue among the youth today,” he said. Youth and instruction administrations head of Yayasan Generasi Gemilang, Huay Phing Cheah said that cyberbullying is the foremost inescapable frame of bullying that they have seen among youth.
One of the instructor told Cheah of an occurrence where a bully casualty had brought a parang to school. “He had no deliberate to harmed anybody but he couldn’t hold on to it any longer, and it is the word from the bullies that pushes the casualty till this extent,” she said. This clarifies why Yayasan Generasi Gemilang has programs that comes to out to encourage conjointly give direction through their administration and character building programs.
Yayasan Generasi Gemilang too organize a few cyberbullying programs and point to empower casualties to look for offer assistance from trusted grown-ups, and for understudies to be dynamic witnesses in bullying cases. “Don’t be noiseless after you see a case of cyber bully notwithstanding of where you it is from, tell someone who may offer assistance the victim,” said Foong.
People Against Cyber Threats and Harassment (PeopleACT) is another organization, a campaign was launch by the Malaysian Centre for Constitutionalism and Human Rights (MCCHR) to increment open mindfulness on cyber badgering and cyberbullying. The campaign was called as #WiseUpWithWan, The point of this campaign is to raise mindfulness on the perilous impacts of cyber badgering and the significance for netizens to form an enabling space instead of a dangerous one.
A study final year conducted by PeopleACT found that 400 Malaysians felt that unsavory comment could be a brutal shape of cyber badgering. One in six individuals have experienced online mortifying, and had their individual points of interest and photographs as well as chats uncovered by individuals who opposes this idea with them. Ladies are said to be at slightest twice as likely to be casualties of online sexual badgering (20.9%) compared to men (9.8%). “Internet clients frequently likes to utilize words and pictures to incite others, indeed at their most danger,” said by Lim Ka Ea, PeopleACT campaigner. “But there’s a point when trolling raises past the hostile and stunning into cyber badgering or cyberstalking,” he said. Due to the unidentified nature of the Web, Lim said that cyberbullies feel cheer and over the top when making dangers or insulting comments.
Other than making mindfulness through the campaign, PeopleACT moreover has been held consultative gatherings with legislative and non-governmental partners all through the year to accumulate input on issues with respect to cyber badgering, as well as cyberbullying. “From their input, we are going at that point draft a white paper with fitting proposals based on the input we have gotten to be shared with lawmakers,” said Lim.
Laws of cyberbullying and its implementation in Australia
In Australia, one out of five youthful Australians has displayed themself being cyberbullied. Children’s eSafety Commissioner Julie Inman Allow expressed that there has been a 60 per cent increment in cyberbullying cases within the past year, and she has settled around 400 complaints that it has gotten within the final two a long time. In occurrences where the culprit is underage, the Australian Police is obligated as it were to act in case the circumstance or the circumstances are considered exceptionally genuine, and indeed at that point they ordinarily favor non-punitive approaches. For case, adolescent equity conferences or notices. The Police in Australia will regularly anticipate managing straightforwardly with ‘low level matters’ cases that include beneath age wrongdoers, lean toward less genuine cases to be managed with by guardians or, web, school and versatile phone benefit suppliers and non-criminal courts. The Australian Government had went through around $125.8 million in these four a long time to a comprehensive cyber security arrange to require activity on online dangers and avoid the children and young people from unseemly fabric. The activities taken by the government incorporate expanded financing towards cyber security instruction and substance sifting, held awareness-raising exercises and law enforcement.
The criminal law of Australia is the body of law created, recognized and connected in Australia to the cases that relate to crimes or offenses. Most of the criminal law is made and managed by the individual states and territories of Australia. This enactment along side federal acts of Wrongdoings Act 1914, and the Criminal Code Act 1995, frame the larger part of criminal law for Unused South Grains. Besides, other statutes such as the Summary Offences Act 1988, too create criminal offences which are by and large managed with within the Nearby Court framework. Beneath the Criminal Code Act 1995, it is expressed that it is an offense to utilize the internet, social media or a phone to danger, bug or cause offense. In spite of the fact that cyberbullying isn’t a particular offense beneath Commonwealth Enactment, it is an offense to utilize a media transmission benefit to annoy or cause offense beneath the Criminal Code Act. The most extreme punishment for this offense is three a long time detainment or a fine of more than $30,000.
Cyberbullying laws may vary from state to state. The taking after may be a list of each territory’s person cyberbullying laws: Australian Capital Territory, New South Wales, Queensland, South Australia, Northern Territory, Tasmania, Victoria, and Western Australia. Be that as it may, there are certain cyberbullying manners which are recognized as violations beneath Australian National Law, such as:
Threatening, harassing, or offending someone
Accessing someone’s personal account without their permission
What is ACORN?
Australian Cybercrime Online Detailing Organize (ACORN) could be a national policing drive by Commonwealth, region governments and state. This national online framework really gives allow to the open to safely report occurrences of cybercrime. In addition, it too gives direction to assist individuals recognize and keep absent the common sorts of cybercrime.
The ACORN may be a key activity beneath the National Arrange to Combat Cybercrime. It sets out how Australian organizations work together to form Australia a harder target for cybercriminals.
The ACORN has been shaped to form it simpler to report cybercrime and offer assistance to create distant better;a much better;a higher;a stronger;an improved”;a stronger understanding of cybercrime influencing Australians. By understanding the enablers of cybercrime, committing cybercrime can be made harder and less rewarding.
The ACORN gives data on the acknowledgment of cybercrime and avoid the cybercrime (such as character burglary hacking, online tricks, online extortion, and assaults on computer frameworks) as well as counsel for those who have fallen casualty. It too makes detailing cybercrime less demanding and more helpful for all Australians.
VPOL v Shane Gerada (Y03370432) 2011 Magistrates Court of Victoria, Melbourne.
In this case, Gerada, who is the respondent sent over 300 debilitating content messages to seventeen-year-old Allem Halkic over the course of many months. Gerada sent Halkic five especially forceful messages over 2 days in February, one that perused, “Your all mouth and no activity, hold up until I get my hands on you, and I’m telling u presently I will put you in hospital.” Gerada also utilized the MySpace which could be a social-networking location to dishonestly claim that Halkic had shaped a relationship with another friend’s sweetheart. Before long after these activity that Gerada did toward Halkic, Halkic committed suicide.
After that, Gerada at that point argued blameworthy to a stalking charge and gotten a discipline of as it were two hundred hours of community benefit. The judge, Dwindle Reardon, pointed to the reality that Gerada never planning to cause Halkic to require his claim life by committed suicide, but made rule to the truth that adolescent or young people must think almost the results of cyberbullying. “A message must be sent to the society that cyberbullying can cause genuine results and this activity ought to be punished.” In light of these comments and the earnestness of Halkic’s passing, it appears perplexing that Gerada would be sentenced to such a strikingly tolerant sentence.
Police v Ravshan Usmanov
In this case, Usmanov posted six exposed photos of his ex-girlfriend to Facebook without inquiring her consent. After that, his ex-girlfriend inquire him to require down the photographs from Facebook, Usmanov did what she said but he at that point reposted them once more and sent them to her flat mate. Upon arraignment, Usmanov argued blameworthy to an offense of distributing an foul article which is against the Australia’s law beneath s 578C of the Crimes Act 1900.
NSW The Delegate Chief Judge Mottley who due to the nonattendance of point of reference case and cannot cite any NSW cases to back her decision.Therefore, this pointed to Usmanov’s purposeful as he needed to uncover the photographs to the open and need the photographs be saw by as numerous individuals as conceivable. This increment the reality of the offense and Mottley at that point chosen to sentence him to six months’ imprisonment.
Besides, Mottley expressed that the sentence of detainment was pointed at “deterring not as it were the guilty party conjointly the society for the most part from committing nearly the same crimes”. He moreover pointed at the boundless risk advertised by social organizing locales “Facebook gives a stage which is instant access to the full world and the harm is limitless which might be demolish a person’s notoriety by the reckless posting of information through that Facebook as a medium. Due to its ubiquity and potential for genuine hurt, we have to be guarantee that individuals utilize this medium shrewdly and the utilize of this medium to commit comparable wrongdoing is deterred.” In any case, Usmanov’s sentence was suspended, and he did not spend any time in prison. Reaction to Australian Case Laws
In all these cases which stated above, the magistrates pointed to the seriousness of cyberbullying like posting irresponsible post on social media and this actions lead to a serious consequences in an attempt to discourage the society from preventing themselves in such manner. However, there is a problem which the magistrates only handed down lenient sentences even though it causes serious harm to the victims. Therefore, the applicability of the current law cannot really deal with cyberbullying offences, and as such, prosecutors are forced to rely on legislation ancillary to the main issue. In my opinion, Australia should formulate a specific cyberbullying offence to deal with it.
Unused web law to be tried by Skype sex claims
Mr McDonald who is 19 a long time ancient and individual Australian Defense Constrain Foundation Cadet Dylan De Blaquiere were charged over the so-called Skype sex outrage within the Act Magistrates’ Court. The Police archives offered to the court expressed that Mr McDonald inquired a female cadet to construct their relationship as “companions with benefits” – a code word for a companion with whom one has an periodic or casual sexual relationship. The lady at that point concurred the offer from Mr. Mcdonald but the premise of the course of action must be secret.
On the same day, police affirmed Mr Blaquiere recommended to Mr McDonald that he is utilizing the Skype to put through to his computer so it can broadcast their up and coming sexual mystery date. Afterward, Mr De Blaquiere and five other cadets whose names are Damian Mahon, Corey Parker, Zach Fitzgerald, David Pace and Jackson Fysh, purportedly observed the couple having sex from Mr De Blaquiere’s room. After that Mr McDonald was charged by an act of profanity by utilizing media transmission benefit to commit offence. Same goes to Mr De Blaquiere is additionally charged with employing a media transmission benefit to commit offense. Police charged that Mr McDonald was utilizing Facebook to send a message to another man some time recently the sex act to advise him what he expecting to do. “I have set up a webcam to the boys who are in another room as I am planning to root a girl,” police charged. Mr McDonald was expressed that the young lady did not know that she is reaching to broadcast by means of webcam when having sex. But in an April 11 meet with a defense legitimate officer, Mr McDonald turned to said that he had educated the young lady she would be broadcast when having sex and to which she answered “cool” to Mr Donald. The police explanation charged their sex tryst kept going approximately fifteen minutes, amid which time Mr McDonald “controlled the positions they were in”. Afterward, The litigant told Mr Companion that he was making motions towards the webcam through Skype ‘for the boys’,” police charged. The Skype call are endured around 22 minutes, and after that Mr McDonald went into Mr De Blaquiere’s room. In spite of the fact that he was anticipated a few individuals to be in there observing his broadcasting through Skype but he did not know that so numerous individuals were interior there and was exceptionally disappointed approximately the swarm,” the police report affirmed. Police seized a few portable phones, a Samsung System tablet, a Motorola portable workstation computer, and a Hewlett Packard portable workstation. The charged were safeguarded to return in court on May 20. In any case, they have been banished from drawing nearer the complainant within the case, or having any contact with her.
Role of legislation to cope with cyberbullying
Cyberbullying is the new form of bullying appeared due to the advance of technology. The usage of social media such as Facebook, Twitter and Wechat makes the life of human being becomes more convenient. According to the survey made by Malaysian Communications and Multimedia Commission, 76.9% of Malaysian population were internet users in 2016. This data had clearly shown how people relies on the Internet. However, certain parties used the social media as a platform to bully others. Cyberbullying is the plague that teenagers become the victims regarding the race, age and social status.
The legislator has to take action to combat with this unhealthy phenomenon. One of the initiative is amending a new act for cyberbullying. A person may be charged under Computer Crimes Act 1997 and Communication and Multimedia Act 1998 because of cyberbullying others. The legal problem may arise as these two Acts may not be strong enough to convict the offence. In order to solve this problem, the legislation shall make a new law that specialise for cyberbullying. This new law should be made in federal level and the wording used in this new act must be clear and not ambiguous.
We may take a look into an early case of cyberbullying in United State to examine the necessity for having a new law to eradicate cyber bullying. In the case of United State v Drew , the defendant was charged under the Computer Fraud and Abuse Act 1986. She was alleged causing a girl, Megan Meier to commit suicide by cyberbullying her on a social media, MySpace. The court faced the difficulty to convict Drew since she was charged under the Computer Fraud and Abuse Act 1986 with the basic of making a false account which breach MySpace’s Terms of Service agreement. The court held that the statute does not contain any provision that anyone can be prosecuted merely contrary to the term on a social media. The defendant was acquitted with the stand that the violation of term of services in a social media did not amount to conviction of the offence.
The case of Drew had caused a series of amendment of laws in United States . Missouri altered the state’s harassment law to incorporate punishments for harassing by means of electronic gadgets. In excess of twenty states have authorized enactment to address harassing that happens through electronic media. These laws incorporate statutes that order that school must embrace strategies to address cyberbullying, statutes that criminalize bully minors on the web, and statutes accommodating cyberbullying education.
Current laws in Malaysia that relate to the cyberbullying such as Computer Crimes Act 1997 and Communication and Multimedia Act 1998 are far from ideal to combat cyberbullying. Malaysia’s legislation, the Parliament has to enact a new law to govern the bully through electronic means. A clear definition of cyberbullying and the stipulation about the offensive act on web must be included in the new law. By enacting of new law, the situation that the prosecutor was unable to find a proper law to conduct a criminal lawsuit could prevent.
However, an issue may arise as the passing of the new law may cause the problem of over criminalization. Some harmless activities on the social media may be identified as cyberbullying such as a joke between friends (without the element of insult and intimidation). Therefore, the judges shall be given judicial discretion in the case of cyberbullying. The judges will look into the circumstances and condition in a particular case of cyberbullying to give a just and fair judgement.
Prevention through education
The measures of cyberbullying by legal means may face the criticism of overcriminalization. The education does not bring bad effect compared with criminalization of cyberbullying. By the implementing of awareness through education, parents and the guardian are able to protect their children’s safety on electronic gadget.
A campaign about cyberbullying should held throughout the country. The Ministry of Education should cooperate with the Ministry of Communication and Multimedia to organize the campaign. The targeted people of the campaign are the parents and the guardian. In this campaign, the idea of knowing what happens while their child using the social media should impress into their mind. For example, they should know who is the one playing the social media with their children.
Furthermore, the parents should know what to do when they found up their children becomes the victim of cyberbullying. Firstly, parents need to ask for the situation. Parents has to know what is actually going on and ask for the evidence. Parents must collect the evidence by screenshot the chat or the image before making a report. The victim must not delete or respond back in a bad way to avoid being disadvantage in the court .There was two channels to report a cyberbullying case, the Cyber999 and Malaysian Communications and Multimedia Commission (MCMC).Cyber999 is the response help centre operates by Malaysia Computer Emergency Response Team (MyCERT) to deal with internet security incident. Any computer security incident can be reported to Cyber999 via email ,SMS, phone call or by fax. Malaysian Communications and Multimedia Commission (MCMC) was created under Malaysian Communications and Multimedia Commission Act (1998) to govern the usage of multimedia in Malaysia.
The education of students in the school also need to be emphasised. The concept of online safety must be implemented to the mind of the students. For example, the awareness of cyberbullying should add into the teaching outline of Pendidikan Moral Subject and Pendidikan Civil. In the teaching of subjects, the students will be teaching not to put personal information on social media to avoid cyber stalker. Personal details that too sensitive such as home address and phone number should not be posted online. Moreover, the students will avoid to add stranger as friend on social media. The motive of the person behind the computer’s scene may be evil and could hurt the victim deeply.
Other than that, the students also must be teach not to be the one who bullies other online. The students will develop empathy towards other people and not bully anyone by either physical way or by using electronic media.
Cooperation of government with Non-Governmental Organization(NGO)
The units under government of Malaysia such as Ministry of Communication and Multimedia (KKMM), Malaysian Communications And Multimedia Commission (MCMC), Royal Malaysia Police (PDRM) can cooperate with NGO such as UNICEF MALAYSIA to organize a talk which invites expert in this field. The public needs to be educated to raise the awareness about cyberbullying among them.