It's a crime to share photos identifying child victims like Bella - Suhakam

 

Sharing photos and videos that reveal the identity of child victims of crimes is a criminal offence in itself, said Suhakam Children’s Commissioner Noor Aziah Mohd Awal.

Noor Aziah said this while expressing her concerns about how a recent case of suspected child abuse went viral on social media, which led to the mass circulation of photos and videos of the child victim.

“The media and public should be reminded that it is a violation of Section 15 of the Child Act to publicly share photographs or videos that show the identity of the child victim.

“This is also pursuant to Article 37(a) of the Convention on the Rights of the Child (CRC) which has been ratified by Malaysia in 1995 which clearly states that ‘No child shall be subjected to degrading treatment’.

“The Children’s Commission (CC) appeals for the public to not disseminate the child victim’s identity any further, as the child’s dignity must be well protected and preserved,” she said in a statement today.

A violation of Section 15 of the Child Act is punishable by up to five years’ imprisonment, a RM10,000 fine, or both.

The statement is in relation to a reported case of child abuse of a 13-year-old girl with down-syndrome simply known as Bella.

Police said Bella, who is an adopted child, was discovered with burn marks on her chest, hands, neck and thighs, with medical examinations later confirming that Bella had infected burn wounds and multiple old scars.

Meanwhile, Noor Aziah reiterated the CC’s wish that the government ensures that children with disabilities receive the protection and assistance of the state, and are also allowed to fully participate in society.

“Children with disabilities have the right to express their opinions, participate in decision-making that affects them, receive inclusive education, and be protected from violence and abuse like everyone else.

“It is the CC’s hope that such cases will not be allowed to recur in the future and that the dignity and wellbeing of every child shall be actively protected at all costs,” said Noor Aziah.

Bella was one of seven children staying with a 28-year-old guardian at a condominium in Wangsa Maju.

While the other six children were unharmed, they and Bella tested positive for Covid-19.

Police investigated the matter under Section 31 (1)(a) of the Child Act 2001 for negligence in caring for a child leading to their injuries, and are now awaiting further instructions from the deputy public prosecutor’s office.

Women, Family and Community Development Minister Rina Harun previously said Bella had been under the care of the Social Welfare Department but was then adopted by a caretaker.

She stressed that the process had gone according to official procedure.

Rina also said that at the time of the Social Welfare Department’s last visit last February, the victim was healthy.

The Social Welfare Department has since revoked the custody rights to the six other children who were under the same 28-year-old caretaker as Bella. - Mkini