Online Influence Fuelling Child-Related Crimes – Expert

What seems to be turning into a disturbing trend has raised deep concern not only among parents but also at the national level, prompting the question: ‘Are our schools truly safe?’ After all, schools are meant to be the safest spaces for children.

It began with the tragic death of Zara Qairina Mahathir in Sabah, which drew widespread attention, followed by a shocking case of gang rape in Melaka. Soon after, the death of a student in a school in Senawang, Negeri Sembilan, allegedly due to bullying, made headlines. Most recently, the country was again stunned when a 14-year-old student fatally stabbed a 16-year-old schoolmate in Bandar Utama, Selangor.

Cases once thought to happen only abroad are now occurring in Malaysia as well. This raises a critical question: ‘Are our current laws adequate to handle criminal cases involving children, or is there a need for stronger legislation that also emphasises rehabilitation?’

 

Commenting on the issue, lawyer Muhammad Hafiz Hood opined that the government should strengthen the implementation of existing laws, as well as consider several amendments.

He said Malaysia currently relies heavily on provisions under the Penal Code and the Child Act 2001 to regulate and impose punishment on juvenile offenders.

“For instance, Section 302 of the Penal Code still applies in cases of murder, even when the suspect is a minor. However, Section 97(1) of the Child Act 2001 prohibits the death penalty from being imposed on an offender who is legally considered a child at the time of the crime,” he told Bernama, adding that the above is one example of legal provisions that could be strengthened or amended.  

“One proposal could be to revise the age threshold under the Child Act 2001, reducing it from 18 years to 16 or 15, subject to a detailed study.”

The Child Act 2001 defines a ‘child’ as any person under the age of 18, in line with the UN Convention on the Rights of the Child.

 

Explaining the legal context, Muhammad Hafiz, who has nearly 15 years of experience in legal practice, said in every case, age serves as a mitigating factor (a consideration for reducing punishment) or as a basis for defence that can be applied alongside other factors. However, he noted that such considerations depend on judicial discretion and reasonable evidence.

For example, if the defence intends to argue for leniency or mitigation based on psychological factors or trauma, the counsel must present the necessary medical reports to support the claim – this is also required in cases involving adult offenders.

“Age is one of the most significant mitigating factors in sentencing. For instance, in the case of ‘Muhamad Zakwan Zainuddin v Public Prosecutor and another appeal [2019] MLJU 1462’, the court ruled that the child offender concerned was entitled to a reduced sentence. The High Court’s initial imprisonment order was replaced with a directive for the offender to be placed in a Henry Gurney School until he reached 21 years of age,” he said. (The Henry Gurney Schools in Malaysia are rehabilitation centres for juvenile offenders.)

When asked whether criminal cases occurring within school grounds could open the door for shared liability, he explained that the law allows liability claims to be made against the school.

“Criminal cases in schools present a complex legal situation. Technically and legally, the perpetrator is solely responsible for his or her criminal act. However, this does not prevent the victim’s family from pursuing a civil action against the school through a negligence tort suit if there is evidence of the school’s failure to ensure the victim’s safety.

“A civil suit can be filed to seek general, special, aggravated or exemplary damages. These legal remedies are available to the victim’s family, who may also name the school and the ministry as parties in the litigation,” he explained.

Addressing claims that some child offenders may receive protection or preferential treatment from certain parties, including family members, Muhammad Hafiz clarified that the law is universal and formulated through detailed research, case studies, psychological assessments and various other factors.

He stressed that as long as both procedural and substantive laws are fully adhered to, there should be no issue of “double standards”.

“The purpose of the law is both to educate and to punish, neither more of one nor less of the other. If we expect the law to be more ‘educational’ than punitive, we must also consider the perspective of victims and their families.

“Justice for victims is achieved when the law is enforced fairly, without bias or hidden agendas. Justice for the accused, particularly minors, lies in ensuring that all prescribed legal procedures are observed and upheld,” he said.

Sharing what happens to a juvenile offender after being convicted, he said children found guilty of serious crimes cannot be sentenced to death or life imprisonment. Instead, they are detained under the authority of the Yang di-Pertuan Agong.

He added that juvenile offenders are usually placed in a Henry Gurney School until the age of 21. If their sentence extends beyond that age, they may be transferred to an adult prison.

He added that the legal provisions for sentencing juvenile offenders are outlined under Section 91 of the Child Act 2001, which include: a. Giving a warning and releasing the child; b. Releasing the child on a bond of good behaviour under conditions set by the court; c. Placing the child under the care of a suitable guardian or relative for a specified period; d. Ordering the child to pay a fine, compensation, or costs; e. Issuing a probation order under Section 98; f. Ordering the child to be sent to an approved school or Henry Gurney School; g. Ordering male offenders to be whipped not more than 10 times with a light cane; h. For offenders aged 14 and above, imposing a term of imprisonment if the offence is punishable with imprisonment, subject to subsection 96(2).

 

Meanwhile, Malaysian Cyber Consumer Association (MCCA) deputy president Azrul Zafri Azmi said the growing number of child-related crimes is closely linked to the influence of digital technology, particularly when exposure happens without proper guidance or control.

He said international studies have shown that repeated exposure to violent content can lower empathy and increase aggressive tendencies among adolescents.

“A study by the University of Michigan titled ‘Media Violence Exposure and Aggression in Adolescents: A Risk and Resilience Perspective’ found that teenagers frequently exposed to violent media were 37 percent more likely to exhibit aggressive behaviour.

“Chat platforms such as Discord, TikTok and Telegram, and online games have now become social spaces where teenagers reward one another for extreme behaviour. When recordings of bullying or criminal acts gain views and praise, they reinforce a validation loop (turning negative acts into entertainment),” he said.

Azrul Zafri added that technology should not be blamed entirely as the real issue lies in the imbalance between digital literacy and emotional literacy.

“Video games and social media can be educational if used with proper guidance and supervision, but without monitoring, they can easily become filled with toxic content.

“Based on MCCA’s monitoring with local digital communities, several new trends have emerged, including ‘hyper-viral violence’ – videos of violent or bullying acts recorded purely for viral viewing; ‘dark challenges’ – dangerous online dares on TikTok and Telegram that encourage self-harm; and ‘role-play crimes’ where teenagers imitate crimes seen in films or games without understanding the legal consequences,” he said.

 

Commenting on the dangerous online challenges that encourage users to reenact video game violence under the false belief that it brings them a sense of satisfaction, Azrul Zafri said such trends have become a new measure of digital self-worth.

“Teenagers now gauge their self-esteem through the number of views and likes they get (for their online content), not through moral values or achievements.

“A report by the Malaysian Communications and Multimedia Commission (MCMC) recorded an over 30 percent increase in harmful content in 2024 alone. The same study found that one in four Malaysian teenagers had participated in an online challenge, while more than 60 percent did so just for fun or for their content to go viral.

“This shows that young people are not chasing money or status… they just desire to be ‘noticed’ and ‘acknowledged’,” he said.

Azrul Zafri added that a local university study titled ‘Impact of Social Media on Mental Health of Young Adults: A Literature Review’ found that dependence on social validation can trigger impulsive and extreme behaviour.

“When social attention is given to extreme acts, it normalises violence and dulls empathy, making violent behaviour seem normal in the eyes of children and students,” he said.

While acknowledging that the Communications and Multimedia Act 1998 remains relevant as the foundation of Malaysia’s cyber laws, he said it is no longer sufficient to address emerging digital crimes such as cyber grooming, deepfake pornography and child exploitation through messaging apps and online gaming platforms.

He expressed full support for the government’s upcoming Cybercrime Bill, calling it an important step towards strengthening child protection, content regulation and monitoring of new digital threats. The MCCA, he added, welcomes every initiative aimed at protecting cyber users.

On the proposal to restrict smartphone use for individuals under 16, he said the matter requires thorough consideration. 

He said restrictions alone will not solve the root problem as a total ban on smartphones would be difficult to enforce and could disrupt digital learning, which is now an integral part of the education system.

“Instead, MCCA recommends balancing this control policy with a continuous digital values and literacy education approach in schools. Cyber safety must be made a core component of 21st-century learning, alongside other key subjects.

He also urged the government to introduce a national digital literacy curriculum covering privacy awareness, cyber ethics and online safety, adding that cybersecurity programmes should be made mandatory in schools to teach students about risks such as phishing, cyberbullying and misinformation.

“A ‘digital curfew’ campaign should also be held to guide parents and students on healthy and disciplined gadget use.

“Protecting our children is not about closing off access to the digital world, but about equipping them with the knowledge and values to navigate it safely. We must move beyond digital literacy to digital morality, building a generation that not only knows how to use technology, but also how to be empathetic and ethical,” he said.