PETALING JAYA: The seemingly innocent act of parents or guardians sharing photos or videos of their children on social media can, in fact, put them in harm’s way.Known as “sharenting,” this practice exposes children to online predators.
To address this growing concern in the digital age, Kokilah Kanniappan, a senior associate at Messrs Low & Partners, believes the Child Act 2001 should be amended to extend its provisions to the online world.
Kokilah suggests that a section could be introduced to provide a comprehensive legal framework.
Key provisions could include defining sharenting, prohibiting the sharing of images of infants, requiring joint parental consent, ensuring child participation in decision-making, limiting what content can be shared, incorporating the right to retract consent and request content removal as well as legal recourse and third-party intervention.
“Sharenting needs a clear definition to encompass the sharing of images, videos, personal data or any form of identifying information about a child,” Kokilah said.
“There should be a clear prohibition on sharing any images or personal information of children under seven to recognise they are incapable of providing consent.
“This prohibition would apply regardless of intent, with limited exceptions where the child’s safety or identification is necessary for medical or legal purposes,” said Kokilah.
She also highlighted the need for limitations on the type and volume of content shared online, as well as restrictions on sharing content that may be intimate, sensitive or potentially embarrassing to the child.
Additionally, Kokilah proposes the introduction of a “right to be forgotten” provision, which would allow children, once they reach a certain age, to request the deletion of content shared about them during their childhood.
Further, she suggests creating a legal mechanism that would allow family members or welfare organisations to seek court intervention if a child’s privacy rights are violated due to sharenting.This could include requesting that image rights be delegated or applying to restrict parental sharing when it contradicts the child’s best interests.
Currently, the United Nations Convention on the Rights of the Child (UNCRC) does not address the specific risks of sharenting, where parents – described as the “natural protectors of a child’s digital identity” – might inadvertently or knowingly compromise their child’s privacy.
While Malaysia has ratified the UNCRC and enacted laws such as the Child Act 2001 and the Sexual Offences Against Children Act 2017, these laws do not directly regulate sharenting.
“However, existing laws may, to some extent, be indirectly applied in cases where sharenting severely impacts a child’s welfare, allowing for possible prosecution of parents in extreme situations,” Kokilah explained.
