Emulate Australia’s move in banning kids from social media, lawyers suggest

Legal experts highlight risks of online harm and negative influence, acknowledge moderate or minimal impact on freedom of speech 

12:11 PM MYT

 

KUALA LUMPUR – Legal experts are suggesting that the Malaysian government should consider introducing laws to prevent children and teenagers under 16 from using social media platforms, following the example set by Australia.  

Lawyer Muhammad Akram Abdul Aziz proposed that the government should draft, review, or amend existing laws to ensure such regulations effectively curb social media use among this age group. 

“Nearly all social media platforms already have minimum age requirements for account creation. Therefore, it is not unreasonable for our government to ban this group from using or accessing social media. 

“This ban is necessary because very young individuals are at risk of being influenced by harmful trends or deceived by misleading information. Imagine, even adults in Malaysia can be swayed by fake posts on social media, let alone those underage and less mature,” he said when contacted by Bernama today. 

On Thursday, the Australian Senate passed a law banning children and teenagers aged 16 and under from using social media platforms such as TikTok, Instagram, Snapchat, Facebook, Reddit, and X, making Australia the first country to do so.  

He believed that even with such a law in place, the targeted group could still engage in beneficial online activities that do not involve social media. 

Akram highlighted that social media users have suffered harm after being influenced by trends online, and he fears that young people could face the same risks if allowed unfettered access. 

“Such restrictions also serve to prevent the erosion of traditions and culture, which is becoming increasingly serious. Many children with access to social media show disrespect towards older people in conversations and sometimes fail to control their emotions, throwing tantrums. 

“Some of them suffer from depression, possibly due to cyberbullying or body shaming, while others become rude, as they are accustomed to seeing or making negative comments online. Some can’t live without social media, as if it has become an addiction,” he said. 

Meanwhile, lawyer Ahmad Fahmi Moin noted that, to date, there are no specific laws in Malaysia prohibiting children and teenagers under 16 from accessing any social media platforms.  

“I believe that existing laws, such as the Penal Code addressing issues like pornography and cyberbullying, as well as Section 233 of the Communications and Multimedia Act 1998 (Act 588), are sufficient for government agencies and enforcement bodies to effectively monitor and take action against social media abuse, whether involving children or adults. 

“However, if there are studies by experts, academics, or non-governmental organisations which show social media usage is harmful or has adverse effects on children and teenagers under 16, perhaps our government could impose a similar ban like Australia,” he said. 

Lawyer Nizam Bashir, on the other hand, felt that the Malaysian government should emulate Australia and consider introducing similar laws or reviewing existing ones to regulate and prevent this group from using social media. 

“Such laws would certainly have some impact on freedom of speech, but if the restrictions are moderate or minimal, they will not unconstitutionally violate fundamental rights,” he explained. – November 30, 2024

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