No more hiding behind a screen

Individuals spreading criminally defamatory claims could face imprisonment for up to three years, as outlined in Section 507A of the Penal Code, lawyers say.

Section 507A was passed in Parliament on March 29, 2023, and has so far seen one person charged with stalking in August.

Despite no charges filed yet for disseminating criminally defamatory allegations under Section 507A, legal experts argue that the provisions are sufficient for prosecuting such offenders, subject to certain conditions.

According to lawyer Jason Wee, the content of the allegations must be threatening to a person’s safety and be done repeatedly, at least twice, to qualify under the law.

He also noted that online claims containing elements of slander could also fall under criminal or civil defamation cases.

Wee emphasized that Section 507A was a new provision, being introduced just this year, and there is still much work to be done by relevant parties and authorities to enforce it effectively.

Under Section 507A, whoever repeatedly commits any act of harassment intending to cause distress, fear, or alarm could be charged with stalking.

Lawyer Datuk Baljit Singh Sidhu stated that Section 507A (2)(d) covers defamatory content disseminated online across various platforms, including social media.

He added that the police should be able to identify the authors if there are strong digital forensic equipment available.

However, he reassured whistleblowers that they need not fear being charged under Section 507A as long as their actions do not involve repeated threats or harassment.

Victims of these malicious allegations often hide behind pseudonyms to attack their targets, according to one victim who wished to remain anonymous, while another victim recounted the difficulties they faced in seeking recourse against such allegations on social media, hoping that the new act will provide better protection for victims.