Sharing Identities Of Minors In Legal Cases A Criminal Offence, Caution Lawyers

By Nor Fariza Mohd Razji

KUALA LUMPUR, Oct 15 (Bernama) -- It is an offence to indiscriminately share the identities, images, videos, and any information pertaining to children under the age of 18 involved in a case, whether as a suspect, victim, or witness.

Former Sungai Siput Magistrate Ahmad Shamil Azad pointed out that minors are protected by Section 15 of the Child Act 2001, which explicitly prohibits the publication or dissemination of any information that could identify a child involved in legal proceedings.

He clarified that disclosing the specific location of the incident should also be avoided, pending the completion of the investigation, and cautioned that any public speculation could lead to a sub judice issue, potentially compromising the trial. 

"If crucial information is released prematurely, it could jeopardise the fairness of a trial," he said in an interview with Bernama today.

Ahmad Shamil, now a practising lawyer, added that any individual who violates Section 15 of the Child Act is liable to a maximum fine of RM10,000, a prison sentence of up to five years, or both upon conviction.

He explained that sharing such information has a profoundly negative impact, not only on the victim's family but also on the suspect's family, as it involves highly sensitive details concerning minors.

He said such actions can also attract unwanted attention from the public, which could further harm the emotional well-being of all those involved.

"This incident is already a deeply traumatic and shocking ordeal for them. Having their faces or identities broadcast on social media would only add to their emotional burden.

"It is best not to share their information and identities publicly. Instead, we should allow the investigation to proceed thoroughly and let all evidence be presented properly in court," he said.

Ahmad Shamil also advised media outlets to exercise caution and sensitivity when reporting on cases involving children, noting it is a sensitive issue that can jeopardise both investigations and trials.  He stressed that reporting should be based on verified facts, not on speculation.

He emphasised that every suspect is presumed innocent until proven guilty and should not be subjected to a "trial by public opinion" before the judicial process takes its course.

Meanwhile, lawyer Abu Dzar Mohd Annuar also clarified that individuals under 18 are protected under the Child Act 2001.

He stated it is an offence to disclose any identifying details, such as their name, address, school, or other information, if they are involved in a case.

"This includes sharing images, videos, or location information that could reveal the child's identity. This prohibition covers all forms of publication, whether in print, on television, or on digital platforms such as social media," he said.

He added that the prescribed penalty under Section 15 of the Child Act 2001 demonstrates the law's serious stance on protecting the privacy and safety of children.

Separately, former Kuala Lumpur Magistrate Nur'Aminahtul Mardiah Md Nor said that the act of widely circulating images or videos of a murder without authorisation could constitute an offence under Section 233 of the Communications and Multimedia Act 1998 and Section 505 of the Penal Code.

"This not only violates the privacy and sensitivities of the victim's family but can also disrupt the investigation and public order.

"Therefore, sharing such content without authorisation is not only unethical but could also lead to criminal charges, civil suits, or penalties including fines and imprisonment," said the former magistrate, who now practises as a lawyer.

In a statement today, the Malaysian Communications and Multimedia Commission (MCMC) urged the public to act responsibly by refraining from sharing, forwarding, or uploading any content related to the case of the female student who was stabbed in a Bandar Utama school.

-- BERNAMA