INTERNATIONAL JOURNAL OF RESEARCH AND INNOVATION IN SOCIAL SCIENCE (IJRISS)
ISSN No. 2454-6186 | DOI: 10.47772/IJRISS | Volume IX Issue XI November2025
and doxxing with mens rea of causing emotional and psychological harm. This development marks an
important acknowledgement that emotional injury, reputational damage, and psychological distress are real
harms that deserve legal recognition. Anyone found guilty can be sentenced to between 1 year imprisonment to
a maximum of 10 years when the person provoked a suicide attempt or suicide.
However, punitive action alone cannot explain why cyberbullying occurs or what drives individuals to engage
in such conduct. Much of the behaviour observed online arises from quick emotional reactions, misreading of
messages, pressures within peer networks or a gradual loss of self-restraint in digital spaces. Theoretical
perspectives explain the behaviour of the aggressor. Symbolic Interactionism explains that online interaction
can easily be misunderstood due to the absence of tone, facial cues or shared context. Space Transition Theory
suggests that people may behave online in ways that they would avoid offline because anonymity weakens
social norms and reduces the fear of judgment. Social Learning Theory further illustrates how online
behaviour, positive or harmful, can spread when users imitate what they see, especially when such conduct
attracts attention or approval.
These theoretical insights explain why cyberbullying cannot be addressed effectively through legal penalties
alone. Sentencing theories such as retribution, deterrence, incapacitation, and rehabilitation each offer a lens
for understanding the criminal justice response, but in practice, sentencing for cyberbullying varies based on
the offender’s age, background, and the gravity of the behaviour. Rehabilitation is often limited to unstructured
measures such as community service or police supervision, while opportunities for restorative approaches are
rare. The resulting framework does not fully engage with the developmental, emotional, or social factors that
contribute to online aggression.
This paper, therefore, adopts a socio-legal approach that incorporates legal analysis, behavioural theory,
empirical survey data from 106 respondents, and focus group discussions. The aim is to evaluate the
effectiveness of the 2025 Penal Code amendments and to explore how Malaysians understand cyberbullying,
its harm, and the appropriate means of addressing it. By viewing the issue through an integrated lens, the study
seeks to identify whether legal reforms alone are sufficient or whether Malaysia requires a more holistic
strategy that combines enforcement with education, digital ethics, and community-based interventions to
reduce and prevent cyberbullying.
I.
LITERATURE REVIEW
Cyberbullying with multifaceted forms of aggression has attracted scholarly discussion on the definition and
forms of cyberbullying. Cyberbullying is often defined as intentional harm carried out through digital
communication, often repeatedly and with the ability to reach victims beyond physical boundaries (Smith and
Slonje, 2010). Similarly, Willard (2007) frames it as a form of online aggression that undermines a person’s
dignity. The nature of cyberbullying, which differs from physical bullying, is in the form of anonymity and
distance, as researched by Hinduja and Patchin (2010). They assert that aggressors can encourage individuals
to act in ways they would usually restrain during direct interaction. Kowalski et al. (2014) further identify
several forms of cyberbullying, such as harassment, exclusion, impersonation and outing, noting that harmful
online behaviour evolves as communication platforms and user practices change.
The lack of a legal framework addressing cyberbullying is consistently highlighted by scholars. Mansoor
(2024) observes that the law lacked a clear definition of cyberbullying before the 2025 amendments, leaving
enforcement agencies without a dedicated legal category to address online harassment. The reliance on general
legislative provisions created uncertainty for law enforcement, as well as victims who were often unsure
whether their experiences were legally recognised (Ahmad et al., 2020; Albar, 2021). When prosecuting
offences under Section 233 of the Communications and Multimedia Act 1998, they frequently encountered
problems in proving intention (Ismail, 2020). The term improper use by annoying is not easily proven. The law
before the amendment also did not give sufficient weight to the emotional and psychological injury of the
victims (Rahman, 2022).
Comparative studies also provide useful reference points. Low and Gill (2022) describe Singapore as offering
clearer protection through its Protection from Harassment Act 2014, which provides both criminal sanctions
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