00:00I would also like to draw attention to the introduction of Section 507D, bracket 2,
00:05where I would like to name that section with the permission of Aishah Claus.
00:09This year, we were surprised by the situation of Mendyang,
00:14whom we know as a young woman who often uses her social media platform
00:20to spread some positive content.
00:24Unfortunately, Mendyang became a victim of cyberbullying,
00:27which was so horrific that she took her own life.
00:31The loss of life, or the process in which her life was taken,
00:40was based on one day after she made a police report.
00:44Imagine, she thought the police could protect her,
00:49she made a report, and then she took her own life.
00:52What actually happened in this process?
00:55We may not be able to bring Aishah back,
01:00but what we can do as respected people,
01:04and I am quite proud of the speech of respected people who made Skilland,
01:07is that we want the landscape in our country to be different
01:12when it comes to the so-called bullying culture,
01:16both physically and digitally, that is cyberbullying.
01:21What we see from her case,
01:24if we look at the writings of several law experts,
01:30for example, they state that one of the biggest problems
01:35is that we do not have laws that deal with the issue of bullying,
01:41and also cyberbullying.
01:42That is why some people say that the penalty is only 100 ringgit.
01:47Why only 100 ringgit?
01:48Because that is the only thing that is seen as sufficient.
01:53I would like to point out, before I go into specific questions,
02:00Section 503 of the Criminal Intimidation Act,
02:05if we look at Article 22,
02:09Criminal Intimidation, Insult and Annoyance,
02:11under Sections 503, 504, 505, 506, 507, 509, 508,
02:24the premise is different.
02:27It cannot take into account what is happening in the digital era.
02:31And we as many experts in criminal law,
02:37we see that the element of the mainstream and the actress
02:40is the main link.
02:42And one of the challenges of cyberbullying, for example,
02:45in the case of Meniang,
02:47the evidence that was there during the time of TikTok
02:50with hundreds and thousands of views,
02:52bullying, insulting, insulting, threatening,
02:56the important evidence cannot be released.
03:00You asked me earlier,
03:02you asked the government,
03:04what is the actual implementation of these elements,
03:07which is tomorrow, safety in the data,
03:09where the service provider, the platform provider,
03:12will be given the responsibility, the duty of care,
03:15to determine whether these things can be stopped
03:18when a report is given to them.
03:20Either through the MCMC agency,
03:22or to them as a provider.
03:26What happened in this case,
03:28when a report was given to the police, to the MCMC,
03:31it could not be resolved.
03:33Whatever we say, the system used,
03:36the proof of TikTok in the live feed,
03:40to stop, to prohibit, to send, to investigate,
03:45to release, was not able to be done
03:48by our agency regulator, the MCMC.
03:51That's why the law this time,
03:54we create it from the criminal intimidation,
03:58because cyberbullying is not an approach
04:01that is seen as a physical threat.
04:06Because in the definition,
04:08we mention the meaning of harm.
04:12Because some of us have mental resistance,
04:14even if we say it 10 times, we don't know.
04:16But some of us don't have mental resistance,
04:18even if we say it once, we don't want to leave the house.
04:21So we need to have laws
04:23that can look at the situation.
04:26So, Mr. Yangbomat, you have raised the issue
04:30about the existing law group.
04:33I want to explain that this move,
04:35the government has given some approaches
04:39so that the law group can be overcome.
04:43First, the Penal Code, Article 574,
04:45regarding the issue of bullying,
04:47has become a burden
04:49because there is no specific provision.
04:51Because cyberbullying and cyberbullying
04:54in the Penal Code do not have a specific provision.
04:59And I mentioned earlier, Section 503,
05:01which includes the crime of intimidation.
05:04Because Section 503 in the Penal Code
05:07is not seen as a cyberbullying threat,
05:12but is seen as a crime of intimidation.
05:15So who are we intimidatingating?
05:17What kind of intimidation is it?
05:19So cyberbullying is not a threat
05:24even though it can cause mental pressure,
05:26including in Section 503 of the Penal Code.
05:29Then we look at Section 509, which I mentioned earlier,
05:32which has some limitations in resolving the issue of bullying.
05:35This provision is subject to the use
05:38of any words or actions
05:41with the intention of disturbing someone's dignity
05:44with the words or actions being heard or seen.
05:47Therefore, it is subject to the use.
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