PETALING JAYA: Social media platforms must flag and remove any content that infringes on the right to privacy of minors in the Zara Qairina Mahathir case, says the Office of the Children’s Commissioner (OCC).
The OCC, under the Human Rights Commission of Malaysia, noted that five juveniles will be brought to court to face charges linked to the July 17 death of the Form One student in Papar, Sabah.
While justice must be served, it stated that the rights of children must be protected to avoid further stigmatisation.
In a statement yesterday, the OCC urged social media platforms such as Facebook, Instagram and TikTok to update their internal policies and community standards to proactively flag and remove any content that breaches provisions under the Child Act 2001.
It also urged the public and media to act responsibly within the boundaries of the law in covering the case.
The OCC reminded that all five suspects, being under 18, are entitled to full protection under the Child Act, including safeguards against trauma, informed support, legal representation and fair treatment.
“Their identities must not be revealed directly or indirectly. No names, photos, schools or any details that could lead to them being identified should be made public,” it added.
Gerakan Gubal Akta Anti Buli president Wan Azliana Wan Adnan said both the Child Act 2001 and UN Convention on the Rights of the Child emphasise that children, whether victims or accused, must be protected because they are deemed vulnerable.
“In the Zara Qairina’s case, I was shocked to see photos of the children being shared publicly. This is not only unreasonable but also amounts to cyberbullying,” she said.
Wan Azliana said online influencers must also bear responsibility for what they share.
“Journalists are guided by rules of ethics and professional standards.
“Influencers, too, should exercise the same sense of accountability when reporting on sensitive issues or cases,” she added.
Child activist Datuk Dr Amar Singh HSS has warned against “trial by media” or social media, which could be traumatic for children if their identities are revealed.
He stressed that protecting identities is crucial if restorative justice is to be applied to young offenders.
“Children may make bad decisions when young and may be offered a second chance.
“If identified, it would be difficult when they seek employment or relationships later in life. They will carry the stigma of their past actions and suffer secondary trauma,” he added.
Sabah Law Society president Datuk Mohamed Nazim Maduarin said mainstream media are generally aware of privacy laws but members of the public, fuelled by a genuine concern for justice, may feel compelled to share information online.
“We gently remind the public that even well-intentioned actions can inadvertently breach the law.
“We encourage everyone to exercise care and avoid circulating material that could identify the children involved,” he said.
Criminal lawyer Collin Arvind Andrew said while the law seeks to ensure justice for Zara Qairina, it does not permit neglecting the rights of children in conflict with the law.
“A balance must always be struck between public interest and the rights of a child in conflict with the law.
“This ensures that the lives of the minors are not permanently destroyed or subjected to long-term consequences as a result of exposure to the system,” he said.
