If you share it, you own it

Cyberbullying happens when someone uses technology to deliberately harm, harass, or humiliate another person. It can happen on social media, messaging apps like WhatsApp, or anonymous “confessions” pages. 

These spaces might feel informal or private, but what gets shared can spread quickly, widely, and be permanently available.

Examples include spreading damaging rumours, sharing private images or personal details without consent, sending harassing or threatening messages, or repeatedly mocking someone in group chats. 

Whether it happens in public posts or closed groups, the harm can be lasting. People on the receiving end often struggle with anxiety, depression, loss of trust in others, social isolation, and in some cases even thoughts of self-harm.

It’s really important to remember that there’s always a real person on the other side of the screen. Online attacks aren’t “less serious” just because they happen through a phone or computer. It amounts to bullying, full-stop.

Know the consequences

It’s easy to assume that a harsh comment, a rumour, or even a joke shared online will just blow over – but these things can escalate quickly, and the consequences can be serious. Even if you’re sharing something you believe to be factual – or is factual – if it causes harm, humiliation, or reputational damage, especially when it’s done in a public or persistent way, it can still land you in trouble.

The Malaysian Communications and Multimedia Commission (MCMC) pointed us to the Communications and Multimedia Act 1998 (CMA 1998), which outlines the legal boundaries when it comes to online behaviour.

Section 233 makes it an offence to use digital platforms – whether that’s messaging apps, social media, or anonymous “confession” pages – to send content that is obscene, indecent, false, menacing, or grossly offensive, particularly if it’s done with the intention to annoy, abuse, threaten, or harass someone. That includes repeated or ongoing behaviour, even when done anonymously.

If anyone thinks about engaging in this kind of behaviour it’s essential to be aware of the potential penalties. If convicted under Section 233, a person can face a fine of up to RM500,000, a prison term of up to two years, or both. And if the person targeted is under the age of 18, the prison sentence can go up to five years.

These laws are in place because online harassment isn’t harmless or trivial – it can lead to severe consequences for people, which is why Malaysian authorities take cyberbullying and online harassment very seriously.

(Please see MCMC’s full response at the end of the article.)

Think before you share

Some people might justify sharing humiliating or harmful details about someone online by claiming they’re “exposing bad behaviour” or acting in the public interest. But deciding what is in the public interest is not up to individuals on social media. There are proper channels for dealing with wrongdoing: university support services, formal complaint procedures, or legal authorities if needed. It’s not for anyone of us to pursue our own form of punishment or “justice” online.

Even if what you share is factual, you can cause serious reputational damage. Publicly shaming someone online can also affect their mental health, harm their relationships, and cause lasting pain – not just for them but also for their families, friends, and loved ones. Once something is posted, even if you delete it, it can be screenshotted beforehand and shared repeatedly. You lose control over it immediately, but the responsibility for sharing in the first place is still yours.

We all need to appreciate the wider impact of what we share. Laws exist to make sure that serious allegations are handled fairly, with evidence and proper investigation. Taking matters into our own hands online isn’t responsible or fair, which is why there are serious consequences for taking matters into our own hands.

A reminder for us all

Responsible use of social media and other platforms is about recognising that our online actions have real-world consequences. Words can help or harm. Before you post, share, or forward anything, pause and ask:

• Is what I'm sharing necessary?

• Could this hurt someone?

• If I were in the same situation, would I want this shared about me?

• Am I prepared to take responsibility for what I post or share online?
  
  

Question: What laws or regulations in Malaysia are relevant when someone shares malicious, harassing, defamatory, or offensive content about another person online, including via messaging apps or anonymous “confessions” pages?


MCMC’s Response: For the purposes of this query, the response from Legal is limited to laws which the Commission governs. In this context, the Communications and Multimedia Act 1998 (“CMA 1998”) is the relevant legislation.

Section 233(1)(a) of the CMA 1998 stipulates the offence of improper use of network facilities or network service or applications service to make, create, or solicit and initiate the transmission of any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or grossly offensive in character with intent to annoy, abuse, threaten, harass, or commit an offence involving fraud and dishonesty to, any person.

Further, section 233(1)(b) of the CMA 1998 provides that a person who initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address, commits an offence.

It is important to note that terms such as “malicious” and “defamatory” are not specifically mentioned in section 233(1) of the CMA 1998. However, depending on the factual context, content that is false or grossly offensive in character and transmitted with the intent to annoy, abuse, threaten, or harass may fall within the scope of section 233(1). For example, harassing messages shared via messaging applications or anonymous “confession” pages that are false or grossly offensive and sent with the intention to threaten or harass another person may be actionable under this provision. Similarly, content that is defamatory may fall under this provision if it is false or grossly offensive and transmitted with the requisite intent.

Nevertheless, it is also important to highlight that pure defamation claims, which concern injury to reputation without the element of the content being obscene, false, grossly offensive, or accompanied by the intent to harass, annoy, etc. would typically fall under civil defamation laws and are outside of the Commission’s purview. The Commission’s jurisdiction is limited to enforcement within the scope of the CMA 1998.

Question: What are the potential legal consequences (for example, fines or imprisonment) for those found responsible for such actions?


MCMC’s Response: Section 233(2) of the CMA 1998 provides that a person who commits an offence under section 233(1) of the CMA 1998 shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit (RM500,000) or to imprisonment for a term not exceeding two (2) years or to both and shall also be liable to a further fine of five thousand ringgit (RM5,000) for every day during which the offence is continued after conviction.

Further, section 233(3) of the CMA 1998 states that notwithstanding section 233(2) of the CMA 1998, where the offence under section 233(1)(a) of the CMA 1998 has been committed against a child who is under the age of eighteen (18) years, the person who commits the offence shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit (RM500,000) or to imprisonment for a term not exceeding five (5) years or to both and shall also be liable to a further fine of five thousand ringgit (RM5,000) for every day or part of a day during which the offence is continued after conviction.