KUALA LUMPUR (25 FEBRUARY 2022) – The Children’s Commissioner of the Human Rights Commission of Malaysia (SUHAKAM) (CC), is appalled by the shocking videos circulating online showing a girl being molested by a 19 year old youth. These videos have gone viral on social media and messaging platforms such as WhatsApp.
What shocked the CC the most was one video where the girl was interviewed by a man allegedly after the incident. In the video, the girl’s face was visible and she appeared terrified.
Section 15(2) of the Child Act 2001 [Act 611] explicitly prohibits the reporting or publishing of images of children under protection at any stage of their case. Violating this provision is a criminal offence, punishable under Section 15(4) of Act 611 by a fine of up to RM10,000, imprisonment of up to five years or both.
Additionally, this act also violates Article 16 of the Convention on the Rights of the Child 1989 (CRC) which guarantees a child’s right to privacy. As a State Party to the CRC since 1995, Malaysia must uphold its commitments to the Convention.
Therefore, the CC urges the following actions:
- The Royal Malaysia Police (RMP) must act against those who exposed and disseminated the videos under Act 611.
- The Malaysian Communications and Multimedia Commission (MCMC) must immediately direct the persons responsible to remove these videos from online platforms, as per their mandate under Section 51 of the Communications and Multimedia Act 1998 (Act 588).
- The public must stop sharing the videos, as doing so further victimizes the girl.
Some argue that sharing the video serves as a warning to parents and guardians to prevent similar incidents. However, this justification is weak, a verbal reminder is sufficient and sharing the video only causes further harm to the girl. If the video continues to spread, she may experience trauma and distress, especially if her case becomes widely discussed in her school and community.
The girl has the right to privacy and dignity as guaranteed by Article 5 of the Federal Constitution. The Social Welfare Department must provide her with counselling and support so she can regain a sense of normalcy. The best interests of the child must always be the top priority, as emphasized in Article 3 of the CRC. Everyone must consider the girl’s well-being first and foremost.
The CC commends the RMP for their swift action in apprehending the perpetrator. The CC is also grateful to the mosque involved, whose functional CCTV system played a crucial role in securing evidence for the case.
With Ramadan just a week away, many families will bring their children to mosques and surau for Tarawih prayers. However, parents and guardians must remain vigilant. A place of worship does not guarantee absolute safety, and children must always be closely supervised.
Additionally, under Section 19 of the Sexual Offences Against Children Act 2017, any individual who is aware of a child being sexually abused is legally obligated to report it to the police. Failure to do so is a criminal offence, punishable by a fine of up to RM5,000 upon conviction. Ensuring the safety and well-being of children is a shared responsibility. Let us work together to protect them.
-END-
Dr Farah Nini Dusuki
Children’s Commissioner
The Human Rights Commmission of Malaysia (SUHAKAM)
Date: 25 February 2025
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