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Caution advised for any law that tackles child perpetrators


Rising concern: A teenager browsing social media using her electronic gadgets. Last month, Teo announced in Parliament that the government was studying the introduction of an Online Safety Act. — Photo posed by model

PETALING JAYA: While experts differ on whether there is a need for stricter laws to curb online sexual crimes among children, all agree that education and prevention are paramount in handling the issue.

Be My Protector engagement and partnership director Roland Edward said any proposed law or amendment aimed at penalising child perpetrators should be studied holistically.

This is because most of the children involved in online sexual exploitation were manipulated by certain people or syndicates, he said.

He added that if the government wanted to enact a new law, it must ensure that it is up to date with current technology trends.

“Technology is changing rapidly and if there is any law to protect children, the government must ensure it will be future-proof too.

“For now, the government should mobilise aggressive campaigns to raise awareness on child online safety,” he said.

Edward said most social media platforms had policies which stipulate the minimum age of users.

However, some parents were not aware of the dangers of posting photos of their children online, he added.

“The minimum age should be increased, from 13 years to at least between 15 and 17, when the child can make wiser decisions.

“Parents must be made aware that it is not always safe to post their children’s photos online as predators would take advantage of them,” he said, adding that a whole-of-society approach was needed to address the problem.

He was responding to the police findings that not only are children and other minors victims of online sexual exploitation but there have been cases of them being perpetrators as well.

Childline Foundation executive director Datin Wong Poai Hong suggested that the government amend existing legislation by adding new regulations.

“We already have the laws, introducing a new one will take too long. What we need is regulations through the existing laws.

“Some countries do have specific laws on protecting children online, which is better, but for now it will be more imperative to strengthen existing laws,” she said.

Wong said there was no need for a new punitive law as educating society would be more effective.

“If we introduce a new law with heavier punishments for parents, the burden of proof would be hard. How do you prove parents are negligent (about their children’s activities online)?

“There is no one way to protect all children at once; prevention and education are the key,” she added.

Wong said digital literacy must start as early as the preschool level.

“There is a lot of concern about the exploitation of children online, but not much is being done. We are not educating kids to be resilient (when online), on what they should do if they get into trouble,” she added.

Consultant paediatrician Datuk Dr Amar Singh said there was no effective way for parents and communities to protect children from online abuse or involvement in online sexualised content.

To curb the problem, he called for a concerted government approach, which would include expediting the proposed Online Safety Act.

“Social media platforms, applications and sites have always prioritised their financial interests over the well-being of children and adolescents. Hence, the single most useful initiative is the introduction of a comprehensive and effective Online Safety Act (or Kids Online Safety Act).

“This will put the responsibility on the industry to shield and protect children from online abuse and age-inappropriate online content,” he said.

Dr Amar said what was needed was a multipronged approach that included education, parental oversight, and stringent online safety measures.

“Parents have a crucial role to support and train their children on how to use social media wisely and to develop discernment regarding online safety, as well as respect for others.

“All of society also has a role to report inappropriate online content, behaviour and sites,” he added.

Last month, Deputy Communications Minister Teo Nie Ching announced in Parliament that the government was studying the introduction of an Online Safety Act.

She said the Cabinet had directed the ministry and Legal Affairs Division of the Prime Minister’s Department to carry out a study to enact the Act.

In the United States, the US Congress in 2023 tabled the Kids Online Safety Act, which is expected to be passed this year.

The Act is designed to protect minors when using social media.

In Asia, China issued the Provisions on Online Protection of Children’s Personal Information in 2019, emphasising the requirement of parental consent before the manipulation of children’s personal information.

The provision is stipulated under its Personal Information Protection Law.

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