PETALING JAYA: Social media platforms must ensure that the right to privacy is maintained in the Zara Qairina Mahathir case, says the Office of the Children’s Commissioner (OCC).
The OCC, which is under the Human Rights Commission of Malaysia (Suhakam), 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 said, laws governing the rights of children must be followed to avoid further stigmatisation.
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“Social media platforms such as Facebook, Instagram and TikTok are strongly urged to update their internal policies and community standards to proactively flag and remove any content that breaches provisions under the Child Act 2001,” it said in a statement on Tuesday (Aug 19).
It noted that Section 15 of the Act states that any published content that could identify the children is likely to amplify the risk of harm to them, whether unintentionally or deliberately.
“Waiting for takedown requests may allow illegal and harmful content to spread widely, defeating the protective intent of the law.
“Failure to act risks further harm to the children and may amount to complicity in unlawful disclosure,” the statement read.
Attorney General Tan Sri Mohd Dusuki Mokhtar has said that five teenagers will be charged in the Kota Kinabalu Juvenile Court on Wednesday (Aug 20) with the alleged bullying of Zara Qairina.
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The teenage suspects are to be charged under Section 507C(1) of the Penal Code for using or making any threatening, abusive, or insulting words or communication.
Meanwhile, the OCC also urged the public and media to act responsibly and within the boundaries of the law in Zara Qairina’s case.
It noted that the five, who are under 18, are entitled to full protection under the Child Act, including matters such as 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.
Under Section 15 of the Act, those flouting the provision face penalties of a fine not exceeding RM10,000, or five years’ jail, if convicted.
“It is a punishable offence to publish any information that could identify children involved in court proceedings,” the statement added.
The proceedings will be held in the Juvenile Court, which is a closed court.
“Only parties directly involved are permitted to attend.
“The privacy of the children must be respected,” the OCC added.