PETALING JAYA: Children suspected in cases involving child sexual abuse material (CSAM) should not automatically be treated in the same way as adults, says the Human Rights Commission of Malaysia's (Suhakam) Children's Commissioners (CC).
The CC said each child's role and circumstances must be assessed separately, including whether the child may have been groomed, coerced or exploited.
"The circumstances of each child must be carefully and individually assessed, including their age, level of understanding, vulnerability, role in the alleged conduct and the circumstances in which they came into possession of or became involved with the material.
"A child involved in CSAM-related conduct may, in some circumstances, have been subjected to grooming, peer pressure, threats, coercion, blackmail or sextortion, manipulation, economic exploitation or other forms of online abuse," it said in a statement on Thursday (Sept 24).
The statement followed the three-day Ops Pedo 3.0 crackdown starting last Monday by the police and the Malaysian Communications and Multimedia Commission (MCMC).
The operation saw 53 individuals arrested nationwide, including eight children, with the youngest aged 13.
The CC stressed that this did not mean every child involved was necessarily a victim.
Rather, it said, authorities must properly investigate the possibility that a child had been exploited or coerced.
In the raids, authorities seized more than 650,000 digital files involving CSAM and 113,000 files containing adult pornographic material.
The CC said that given the legal recognition of child grooming and related sexual offences under the Sexual Offences Against Children Act 2017 (Act 792), an overly punitive response towards children could risk further victimisation and discourage reporting.
"A child justice response should not begin primarily from a punitive perspective.
"Where a child is suspected of involvement in CSAM-related conduct, the response should include an individual protection and risk assessment, safeguarding measures, investigation into possible grooming or exploitation, psychosocial support and counselling, digital safety education, rehabilitation, family and social support, and diversion where legally appropriate," it said.
The CC said such an approach was consistent with principles under the United Nations Convention on the Rights of the Child concerning the best interests of children, protection from violence and sexual exploitation, and the reintegration of children in conflict with the law.
It stressed, however, that a child-sensitive approach did not mean authorities should ignore unlawful conduct or allow CSAM to continue circulating.
"Law enforcement must continue to take appropriate action to stop further dissemination, protect and identify child victims, secure and examine relevant digital evidence, identify online networks and facilitators, and investigate any adults who may have groomed, coerced, exploited or profited from children," it said.
