2 charged in Malaysia over cyber bullying linked to social media influencer’s death

KUALA LUMPUR - Two people have been brought before the sessions and magistrate’s courts over communication offences on TikTok linked to the death of 30-year-old social media influencer A. Rajeswary, better known as Esha.

The case is said to be the first of its kind involving a cyber-bullying victim.

Ms Esha was found dead in a condominium unit in Setapak on July 5, a day after lodging a police report at the Dang Wangi police station over threats made against her.

The first accused, lorry driver B. Sathiskumar, pleaded guilty to a charge of posting lewd comments on TikTok on June 30 at 10.12pm using the “@dulal_brothers_360” profile with the intention to annoy others.

The 44-year-old faces a fine of up to RM50,000 (S$14,400), imprisonment of up to one year, or both, with an additional fine of RM1,000 for each day the offence continues after conviction.

Sathiskumar faces a second charge of posting lewd comments with the intention to outrage the modesty of Ms Esha’s mother, Ms P. R. Puspa, 56, at 10.15pm on the same day.

The offence carries a punishment of imprisonment of up to five years, a fine, or both upon conviction.

Sathiskumar claimed trial to the second charge.

Deputy Public Prosecutor Mohd Sabri Othman said what the accused had done was cyber bullying, causing severe emotional stress to the victim.

“In this case, a victim was found dead after the lewd communication was posted by the accused,” he said.

DPP Mohd Sabri added that the case has garnered significant public attention, including from the government and non-governmental organisations, and he pressed for a high bail amount.

The DPP offered RM25,000 in one surety for each of the charges.

Sathiskumar, who was unrepresented, told the court that his wife is a disabled person and he has three children, two of whom are still studying.

Sessions Court judge Siti Aminah Ghazali fixed bail at RM36,000 for both cases.

She also ordered the accused to surrender his passport to the court until the disposal of his case and to report to the police station monthly.

As Sathiskumar had claimed trial to the second charge and wants legal representation, the judge postponed the sentencing for the first charge to give him time to find a lawyer.

The case is set for mention on Aug 16.

Meanwhile, at the Magistrate’s Court, Shalini Periasamy, the owner of a private psychiatric care nursing home, was fined RM100 in default of seven days’ imprisonment for deliberately uttering vulgarities with the intention to incite anger and disturb peace through her TikTok account.

Magistrate S. Arunjothy imposed the fine on Shalini, 35, after she pleaded guilty to the offence committed via her TikTok account “alphaquinnsha” on July 1 at around 4.10am.

She faces a maximum fine of RM100 upon conviction.

According to the statement of facts, the complainant, a social activist, had come across Shalini’s TikTok account, where she had defamed Ms Esha and made several threats to harm her in an intimidating tone.

Shalini had also gone live on TikTok, making threats against those who opposed her, which led Ms Esha to lodge a police report.

Ms Esha’s family and friends were seen exiting the court complex with sombre looks after the proceedings.

Shalini was then spotted leaving and posing for media cameras after paying the fine.

A close friend of Ms Esha who wanted to be known only as Sheenz said she felt extremely distraught at Shalini having been released on a fine of RM100.

“It is truly unfair after everything she has done and that she will continue to do.

“I’m worried she may negatively influence our younger generation who watch her live sessions on social media,” she told The Star.

Social activist Tamilan Eswaran shared the disappointment, but hoped that Ms Esha’s case will spur greater measures against cyber bullying.

“We are optimistic that this case will set the precedent for future cases to also be liable for court,” he added. THE STAR/ASIA NEWS NETWORK