The children’s commissioner of the Human Rights Commission of Malaysia (Suhakam) is appalled by the shocking videos circulating online showing a girl being molested by a 19-year-old youth.
These videos have gone viral on social media and messaging platforms such as WhatsApp.
What shocked the children’s commissioner the most was one video where the girl was interviewed by a man allegedly after the incident. In the video, the girl’s face was visible and she appeared terrified.
Section 15(2) of the Child Act 2001 explicitly prohibits the reporting or publishing of images of children under protection at any stage of their case. Violating this provision is a criminal offence, punishable under Section 15(4) of the act by a fine of up to RM10,000, imprisonment of up to five years or both.
Additionally, this act also violates Article 16 of the Convention on the Rights of the Child 1989, which guarantees a child’s right to privacy. As a state party to the convention since 1995, Malaysia must uphold its commitments to the convention.
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Therefore, the children’s commissioner urges the following actions:
- The police must act against those who exposed and disseminated the videos under the act
- The Malaysian Communications and Multimedia Commission must immediately direct those responsible to remove these videos from online platforms, as per their mandate under Section 51 of the Communications and Multimedia Act 1998
- The public must stop sharing the videos, as doing so further victimises the girl
Some argue that sharing the video serves as a warning to parents and guardians to prevent similar incidents.
However, this justification is weak, a verbal reminder is sufficient and sharing the video only causes further harm to the girl. If the video continues to spread, she may experience trauma and distress, especially if her case becomes widely discussed in her school and community.
The girl has the right to privacy and dignity as guaranteed by Article 5 of the Federal Constitution. The Department of Social Welfare must provide her with counselling and support so she can regain a sense of normalcy. The best interests of the child must always be the top priority, as emphasised in Article 3 of the Convention on the Rights of the Child. Everyone must consider the girl’s wellbeing first and foremost.
The children’s commissioner commends the police for their swift action in apprehending the perpetrator. The children’s commissioner is also grateful to the mosque involved, whose functional CCTV system played a crucial role in securing evidence for the case.
With Ramadan [now here], many families will bring their children to mosques and surau for tarawih prayers. However, parents and guardians must remain vigilant. A place of worship does not guarantee absolute safety, and children must always be closely supervised.
Additionally, under Section 19 of the Sexual Offences Against Children Act 2017, any individual who is aware of a child being sexually abused is legally obligated to report it to the police. Failure to do so is a criminal offence, punishable by a fine of up to RM5,000 upon conviction.
Ensuring the safety and wellbeing of children is a shared responsibility. Let us work together to protect them. – Suhakam
Dr Farah Nini Dusuki is the children’s commissioner at Suhakam.
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