Time to make it easier for victims of online crimes get justice, says Gobind

KUALA LUMPUR: It’s time to simplify the legal process to make it easier for victims of online crimes to get justice, says Gobind Singh Deo.

The Digital Minister said the current laws were archaic and have not been amended in tandem with the rapid technological advancements to deal with faceless and borderless online crimes.

“We need to start to shift the way we think about how we approach procedural requirements when it comes to investigations.

“One of the things that we have been discussing at my ministry is about whether or not you can develop a more efficient system by which complaints can be made, investigations carried out, and of course, ultimately action taken,” he said at the International Legal Conference on Online Harms 2024 held at the Kuala Lumpur Convention Centre on Friday (Sept 6).

Gobind said that the current system was not efficient as it requires the victim to appear physically to make complaints and investigations to take place.

“We now think about building an ecosystem where we can also make the process of lodging complaints, its investigations, and subsequent action being taken more efficiently using what you call tools or other mechanisms online,” said Gobind.

He further said that the ministry and relevant agencies were also looking at training the police and Attorney General’s Chambers to ensure that they too were educated and sensitised to online harms.

“The question, of course, would be not just how you can transform the whole process of investigating, but also how you can ensure that the areas of admissibility are dealt with.

“We want to make sure that once we adopt these new measures, these new measures are admissible in court, as ultimately, if it goes to court, you need to use the findings from this investigation in court,” said Gobind.

At the same conference, Law and Institutional Reform Deputy Minister M. Kulasegaran said that the government must be proactive to amend the current laws so that perpetrators of online harms do not get away with “minor punishment”.

“From cyberbullying to speech on race, religion and royalty (the 3Rs), various online harms in Malaysia are rampant and must be comprehensively addressed by the government.

“In July, cyberbullying led to the demise of a Malaysian social media influencer named Rajeswary Appahu (a.k.a Esha),” said Kulasegaran.

He that Esha’s cybercullies merely got away with a minor fine of RM100 based on current laws.

Rajeswary was found dead in her home on July 5, a day after she lodged a police report that she was being cyberbullied on TikTok.

“It was most unfortunate and revealed that our laws must be enhanced to curb and punish such crimes.

“Governments must strike a delicate balance, that is, protecting individuals from harm while upholding their constitutional right to freedom of speech and open communication, both of which are vital to the internet’s integrity,” said Kulasegaran.

He also called on technology companies to play a bigger role that beyond simply responding to threats and harmful online content.