KUALA LUMPUR, July 2 — The act of publishing and circulating the face photo of an abused child by individuals, as well as by print, electronic and social media, is an act against the law and should be stopped for the sake of the child’s future.

Communications and Multimedia Minister Datuk Seri Ahmad Shabery Cheek said all quarters must be more responsible in dealing with information on such cases, while the media should also adhere to the ethical standards in journalism.

He said all quarters should be aware that all children were protected under the Child Act 2001 (Act 601) and under Section 15 of the Act, there were restrictions on reporting and publication of pictures of children as victims in a criminal case. 

“It is not appropriate (to publish the face photo of abused victims). All quarters, including the media, must be more responsible and adhere to the ethical standards in journalism, as well as all relevant laws.”

He said this to Bernama in response to the act by certain individuals and media in publishing and circulating the face photo of abused children, including the five-year-old victim in a recent abuse case in Kelantan.

Meanwhile, lawyer Azmer Mohd Saad said if charged under Section 15 of the Act, the offender can be fined a maximum of RM10,000 or jailed for a term not exceeding five years or both.

“The Child Act was aimed at providing protection to children. In my opinion, individuals and the media should not publish the face photo of the abused child for fear that it will affect or further traumatise the child.

“The trauma experienced by a child is different from adult because of different life factors,” he said.

He said from a legal point of view, what could not be published was the face photo of the child, and what was allowed was to publish the picture of the child’s body (as long as it is not embarrassing), without any name linked to it, for the purpose of educating the public about the case.

Azmer said the victim, family institution or government agencies, such as the Social Welfare Department, and non-governmental organisations could lodge a police report if such incidents occurred to enable investigation and prosecution.

“Such cases will be heard in the Magistrate’s Court, the Communications and Multimedia Ministry should play an important role in this respect and act accordingly to stop it,” he said.

Another lawyer, Shah Rizal Abdul Manan, said such an insensitive act by individuals and the media in publishing and circulating the face photo of the abused victim could bring about negative psychological impact on the child.

As such, he also advised the families involved to lodge a police report and slap the offenders with a defamation suit as a lesson that would prevent others from committing similar crime.

“No one has ever taken legal action on this issue before and that is why we still see the face photo of abused victim being published. The existing law is not properly adhered to.

“Something should be done so that children will continue to be protected,” he said, adding that the mainstream media should not allow themselves to be influenced to follow the trend set by news portals or attention seekers in the social media.

Universiti Malaya law lecturer Dr Siti Zubaidah Ismail, on the other hand, said that such an act to publish the face photo of an abused child, regardless of the original intention and motive, was also a breach of privacy rights of children.

“Breach of privacy rights seems to be the trend these days. Privacy rights should be respected. Most of those involved in social media, especially the keyboard warriors, think that everything can be uploaded. Little do they know that it may be defamatory, slandering and causing prejudice,” she said.

Siti Zubaidah said there were also cases where nurses, police personnel and even the victim’s family members became the ones who took the pictures to share with others without feeling guilty or even thinking about the victim’s future.

“Members of the media and the general public should be aware of their social responsibility. Do not humiliate abused children. Laws should be enforced. Lodge a police report or just sue those involved,” she added.— Bernama