KUALA LUMPUR – The government’s goal of protecting children from social media harm should be done in collaboration with other relevant quarters, as children’s issues involve a range of aspects, various groups said.
Commenting on the Malaysian Communications and Multimedia Commission’s (MCMC) move to regulate social media platforms by licensing them, Protect and Save the Children (PS The Children) said issues affecting children’s wellbeing should be tackled by multiple agencies.
The non-profit organisation’s president Fir Redzuan said several working groups on online child sexual exploitation and abuse have consistently demanded for a principal agency to lead efforts on creating safer online spaces for children in previous consultation sessions with various government agencies.
“There must be a leading, accountable agency with a clear mandate, capacity and resources to establish multi-sectoral and international coordination aimed at preventing, mitigating and responding (to online and offline crimes against children).
“Children’s issues transcend various aspects of life, laws and human rights. Therefore, (the matter) should be tackled through multi-pronged approaches,” she told Scoop.
By having MCMC as the leading agency in collaborative efforts to ensure children’s online safety, Fir said policies, regulations and procedures forming necessary systems could be strengthened and standardised.
Expressing concern over how online predators continuously leverage technological advancements – including generative artificial intelligence – the activist urged government agencies to continue considering input from key stakeholders.
She also said that Putrajaya must listen to feedback from children themselves, as well as grassroots organisations and child rights advocates to ensure that policies and implementation align with the needs of children, instead of being detached from reality.
From August 1 to December 31, MCMC will be holding engagement sessions with stakeholders to establish a code of conduct and outline actions for non-compliance, demonstrating its commitment to making the internet safe for children and families.
Children have digital rights, freedom of expression
Fir also regarded positively the licensing requirement for social media and internet messaging service providers, which will come into effect on January 1 next year following the regulatory framework’s introduction this month.
“From the perspective of child safeguarding and protection, the licensing law can do wonders to reduce children’s vulnerability in digital spaces,” she said.
However, she cautioned that the law should not infringe on children’s right to freedom of expression as enshrined in the United Nations’ Convention on the Rights of the Child.
“Young people should have access to digital space for their exploration and learning, as well as their personal and social development,” Fir said.
“The act of simply blocking access to platforms without providing knowledge and skills to navigate digital spaces safely hinders young people from learning how to make informed decisions, thus taking away the opportunity for children to learn how to step up for themselves.
“When a child has access to information and is supported by adults in developing online safety skills, they will be less vulnerable towards online child sexual exploitation and abuse.”
Expressing similar sentiments, Child Rights Innovation and Betterment Foundation co-chairperson Srividhya Ganapathy advocated for a clear and harmonised legal framework to prevent and respond to online child endangerment.
This, she told Scoop, will ensure that children have safe experiences online while promoting children’s digital rights and empowerment.
She also pointed out that Malaysia has lagged behind other countries’ jurisdictions in its management and handling of online child sexual exploitation and abuse cases.
“There is a lack of mandatory laws compelling authorities and the private sector, including social media platforms, to take down, report and block child sexual abuse materials in a timely manner,” she told Scoop.
“Our existing laws and policies are not comprehensive enough to address (online child crimes). Protection and support services are fragmented and lack robust protection as well as end-to-end support.
“We also find that the authorities and frontliners dealing with (the issue) – including police officers and prosecutors – are challenged with limited knowledge, capacity and resources to address the matter.”
According to the 2022 Global Partnership to End Violence Against Children report, 100,000 internet-using children aged between 12 to 17 years old in Malaysia have experienced online child sexual exploitation and abuse via platforms such as WhatsApp, Facebook, WeChat and Telegram.
The estimate – which notes that 94% of children in Malaysia are internet users – includes cases relating to forms of self-generated images, blackmail, images shared without permission, or coercion into having sex with promises of money or gifts.
Communications Minister Fahmi Fadzil previously said the main objectives of licensing social media services are to tackle online fraud, cyberbullying and sexual crimes against children – not to restrict freedom of expression.
On July 27, MCMC announced that under the new framework, all social media and internet messaging services with at least eight million registered users in Malaysia must apply for an Application Service Provider Class Licence under the Communications and Multimedia Act 1998.
Failure to comply with the licensing directive could result in charges under Section 126 of the Communications and Multimedia Act 1998, which carries a maximum penalty of a RM500,000 fine, five years in prison, or both.
Providers could also be fined RM1,000 for each day the offence continues.
In late July, MCMC Online Harms and Information Security Committee Chairman Derek Fernandez said that effectively combating online harm and cybercrime requires addressing four key elements: anonymity, access to network facilities, access to accounts or payment systems, and targeting information.
He noted that Fahmi emphasised the need for joint agency efforts to tackle these issues, given the overlapping regulatory responsibilities.
“Generally speaking, we find that a high proportion of online harm and cybercrimes are committed using social media platforms or OTT platforms.
“This is mainly because of the ease of concealing one’s identity, huge reach and lack of proper regulation of these platforms in Malaysia.”
He added that there appear to be two sets of laws in operation: one for the non-digital space and a less evolved one for the digital space, which leads to criminal empowerment online.
While these platforms are heavily regulated in the European Union, US, Vietnam, Indonesia, and even Singapore, they have unfortunately been exempt from licensing and proper registration in Malaysia.
This has resulted in a lack of legal accountability for these platforms under Malaysian law, he said.
“To more effectively combat online harm and cybercrime – including child sexual abuse material (CSAM), scams, cyberbullying and online gambling – all OTT platforms must be regulated as they are in other countries.” – August 8, 2024