Nadzriah says the CRC and the Child Act place obligations on the government to assist parents and guardians in discharging their responsibilities and protecting their children.
MALAYSIA is a state party to the Convention on the Rights of the Child (CRC) since 1995, which recognises that every child has the right to a safe digital environment, says Prof Dr Nadzriah Ahmad.
The Universiti Teknologi Mara (UiTM) Child Law Centre chairman says subsequently, children also need to be educated about the benefits and risks of exposure to the cyberworld, as the CRC also recognised that every child is entitled to participate and seek knowledge from the digital environment.
“As a state party to the CRC, the government is also under an obligation to ensure that children have the right to be protected from harmful exposure and violence when the digital environment is not safe for children.
“Hence, the Online Safety Act is significant in ensuring that, while the laws recognise that a child needs safe access to a digital environment, a child must also be protected from harmful content to prevent them from becoming a victim of online predators.”
Nadzriah says the CRC and the Child Act place obligations on the government to assist parents and guardians in discharging their responsibilities and protecting their children.
She points out that the laws on privacy and freedom of expression are not absolute, and thus, the ban is crucial for children.
She also says both the CRC and the Child Act place obligations on the government to assist parents and guardians in discharging their responsibilities and protecting their children.
“In the context of protecting children from harmful online exposure, having a strong regulatory framework and placing responsibilities on licensed application service providers and content application service providers are crucial to ensuring the legal framework is in place.
“However, parental and family involvement is key in ensuring that children are monitored and that the laws are implemented effectively.”
What are the main legal and social advantages of this ban?
Prof Nadzriah says there is an alarming rise in cases of child sexual abuse material (CSAM) in Malaysia.
“Recent news highlighted this concern during Op Pedo Bersepadu. That operation, conducted for a week in September 2025, led to 31 arrests.
“The ban will also compel service providers’ accountability as ‘gatekeepers’ to ensure children are protected from harmful content, including CSAM. This is consistent with the Sexual Offences against Children Act 2017.”
She says service providers must ensure two things: first, appropriate safeguards prevent children under -16 from accessing the platform; second, content remains child-appropriate and child friendly for those under 18.
“As an additional safeguard, the Deeming Provision under Section 46A of the Communications and Multimedia Act 1998 took effect on Jan 1, so service providers are automatically deemed registered as license holders under the existing regulatory framework.”
Prof Nadzriah also stresses that a balanced approach by key stakeholders is essential to regulating and implementing laws that ensure children’s legal protection.
“Achieving this depends on strengthening digital safety literacy education at all levels. Continuous digital safety literacy education is crucial for children to realise they need to use online platforms responsibly.
“Children also need to be aware that they have an avenue where they can channel their complaints should they become victims of online predators.
“Establishing a uniform, specific digital safety literacy guideline for children in Malaysia that is accessible to all is crucial, rather than piecemeal guidelines.”
On the other hand, Prof Nadzriah says parents, guardians and educators need to be ahead, at least by knowing which child-friendly educational platforms are available to their children and how to monitor their children’s screen time effectively.
Digital safety literacy education among parents, guardians and educators must also include knowing how to detect behavioural changes in children who may become victims of online predators.
“Not many parents know the tools that are available to ensure that children do not have access to inappropriate
content. Parents living in the urban areas may be more cognisant of these preventive tools, but whether parents staying in rural parts of Malaysia have similar digital knowledge remains questionable.
“Parents, guardians, and educators play a critical role in proactively protecting their children from exposure to harmful content,” Prof Nadzriah says.
Meanwhile, Taylor’s University All Impact Lab education director Dr Joseph Malaluan Velarde says collaborative enforcement between the government institutions and the technology companies remain crucial.
“Currently, public discussions of the policy have highlighted terms such as ‘penalty’, ‘censorship’, ‘ban’ et cetera, which may give the impression of a more forceful approach.
“Moving forward, the mechanisms should be anchored on how the government and the technology companies can share responsibilities, encouraging open dialogue and cooperation among all stakeholders.
“With the Malaysian Communications and Multimedia Commission serving as the oversight, its task can focus on working closely with the technology companies towards feasible solutions anchored on the shared goal of providing a safe digital environment for everyone,” he notes.
