Stronger laws, more awareness needed to protect children against social media manipulation - Experts

KUALA LUMPUR - Growing concerns over children’s unhinged use of social media have sparked calls for stronger legislation to shield them from manipulation by cyberbullies and predators, as well as exposure to child sexual abuse material.

A study by Ipsos - a global market research and consulting company - showed that in Malaysia, nearly half (47 percent) of Malaysian parents know a child in their community who has experienced cyberbullying.

Approximately, one in four Malaysian parents say that their child has experienced cyberbullying, according to the study.

On April 21, the Malaysian Communications and Multimedia Commission (MCMC) reminded parents to ensure children aged below 13 have no social media accounts.

Communications Minister Fahmi Fadzil said MCMC found that social media was unsuitable for children under 13. The age restriction also aligns with the conditions imposed by most social networking platforms.

Recently, a proposal to ban social media for those under 16 emerged after Australia announced plans to draft a law prohibiting social media use for children below this age, sparking much debate online.

INTRODUCE STRICTER LEGISLATION

Commenting on the issue, lawyer Dr Mahmud Abdul Jumaat highlighted the serious risks posed by children’s exposure to negative content, including violence, offensive language and pornography, which is easily accessible through social media, video games and other online content.

He stressed the importance of introducing stricter legislation and enforcement to protect children from such content, alongside enhanced supervision and monitoring of digital platforms by authorities.

He said while Malaysia's existing Child Act 2001 (Act 611) constitutes the main legal framework for protecting children’s rights and welfare, however, with rising threats in the digital world, "there is a need to strengthen this law to address specific crimes such as cybercrime and online sexual exploitation.”

He also acknowledged the existence of other laws that contribute to child protection, such as the Sexual Offences Against Children Act 2017 (Act 792) which addresses child-related sexual offences, including online crimes like grooming and production of child pornography.

"There is also the Communications and Multimedia Act 1998 (Act 588) to help regulate digital content by prohibiting offensive or obscene content that could negatively impact children,” he said.

Citing several cases of children who were exploited on social media, Mahmud said the perpetrator in one of the cases was charged under Section 8(b) of the Sexual Offences Against Children Act 2017 for requesting child pornography from a 12-year-old victim through WhatsApp.

"This case began when the victim got to know the accused through Bigo Live, a live-streaming application used by adults for video communication. Through this platform, the accused managed to build a relationship with the victim, which then progressed to WhatsApp where he started requesting sexually explicit photos and videos from the victim.

"It’s clear the accused had made use of social media to gain access and begin the process of ‘grooming’, the child. The victim is believed to have had a romantic relationship with the accused and ended up being a victim of sexual exploitation.

"Resorting to emotional manipulation, the accused promised to marry the victim although he knew or should have known the victim was just a child.

This case became worse when the accused persuaded the victim to provide him with obscene photos, which eventually had a psychological impact on the victim and the victim’s family,” he related.

He added the accused concerned was found guilty, with the court deciding on a prison term of 10 years for each charge and for the sentences to be served concurrently. This 10-year sentence represents two-thirds of the maximum penalty that can be imposed for each offence under the law concerned.

In another case, the accused - who faced two charges under Section 5 of the Sexual Offences Against Children Act 2017 - was charged with producing pornographic material by using children as models in a photography session.

The accused claimed in court that the photographs were for a personal project themed around healthy eating, which would be uploaded on the Shutterstock platform.

MANIPULATION, EXPLOITATION

Mahmud also noted that social media allows predators to approach children using fake identities, manipulating them through praise or virtual gifts to share personal information or images, which are then misused.

"This leads to more severe forms of sexual exploitation, including threats to reveal private photos (sextortion) if the victims don’t cooperate. In Southeast Asia, there are cases of children trafficked or exploited as sexual objects due to social media manipulation,” he told Bernama.

He said personal data exploitation occurs when children’s information is frequently exposed on social media and collected by apps or third parties without the young users’ knowledge or consent.

Such information includes the users’ location, interests and daily activities, which can be monitored by irresponsible individuals. The data can be used for inappropriate marketing or misused for fraud or further exploitation, endangering children’s safety and privacy.

"For example, images uploaded (on social media) for normal purposes can be digitally manipulated to produce child pornography,” Mahmud said.

"And, in the context of child trafficking, there have been cases of social media being used as a tool for recruitment purposes. Children are deceived with promises of job opportunities... and they end up becoming victims of sexual exploitation or forced labour.”

He also pointed to the dangers posed by "viral challenges” encouraging children to participate in risky activities that can cause physical or psychological harm.

Meanwhile, citing a Literature Review of Child Trafficking and Exploitation in Southeast Asia in the Journal of Social Development Volume 21 (September 2018), Mahmud said children who are exposed to social media often experience high pressure as a result of the norms created by the virtual world and, subsequently, cyberbullying when they receive negative comments, threats and insults which can lead to them developing mental disorders such as depression and anxiety.

He added that the number of sexual offence cases involving children reported to the police in 2023 increased by 26.5 percent to 1,567 compared to 1,239 in 2022.

In 2023, physical sexual assault cases rose by 21.1 percent to 1,389 compared to 1,147 in 2022.

He also said cases of sexual offences involving children committed through social media had reportedly increased to 525 in 2023 compared to 360 the previous year.

"In the first six months of 2024 alone, a total of 288 cases of sexual offences involving children, committed through social media, were reported,” he said.

SOCIAL MEDIA NOT ENTIRELY AT FAULT

Meanwhile, National Cyber Security Agency (NACSA) Malaysia chief executive Dr Megat Zuhairy Megat Tajuddin argued that cyber threats faced by children are not solely caused by social media. Instead, the use of mobile devices and applications such as online gaming, email communication and online shopping also expose them to cyber threats.

Commenting on suggestions to impose age restrictions on social media usage, he said before taking any action, it must be thoroughly considered, taking into account both pros and cons.

"The Australian government’s move to draft a law banning social media for teens under 16 may be seen as a positive step in safeguarding children’s mental and emotional well-being - it can control their exposure to inappropriate content, cyberbullying risks and technology addiction, which can disrupt their emotional and social development.

"While similar legislation may seem relevant (in our country), it requires in-depth study of the culture, social acceptance and the level of digital awareness among the community. We need to remember that the current generation has been exposed to technology since young and they may be more IT-savvy than their parents, so parental supervision may be rather limited,” he said.

Describing MCMC's advice to parents to ensure children under 13 do not have social media accounts as a "good initiative”, he, however, said it requires more comprehensive parental oversight and education.

He said imposing a ban or restriction alone without guidance may lead teenagers to seek alternative ways that are harder to monitor.

"Parents, teachers, schools and the community as a whole must play a proactive role in creating a safe environment for children, including on digital platforms,” he added.

NACSA REGULATES CYBER SECURITY

Elaborating on NACSA’s role, Dr Megat Zuhairy said the agency promotes awareness about cyber security and cybercrime prevention across all social levels, including children.

The agency collaborates with the Ministry of Communications, Ministry of Digital, Attorney General’s Chambers, Legal Affairs Division, police and MCMC to shape policies and directions on cyber security issues, especially those involving children.

He said NACSA is also reviewing current legislation to identify laws that need to be amended or strengthened to ensure children’s rights are safeguarded.

He also said the government has decided to amend the Penal Code and the Criminal Procedure Code to address the issue of cyberbullying.

He said in September, the National Cyber Security Committee, chaired by Prime Minister Datuk Seri Anwar Ibrahim, agreed to establish a Cyber Security Awareness Coordination Committee to be chaired by the director-general of the National Security Council, with NACSA serving as the secretariat.

"The committee aims to coordinate cybersecurity awareness programmes across the country, with its membership comprising various government agencies, industry players, NGOs and higher education institutions. The target groups comprise adults, youth, the elderly, persons with disabilities and children,” he said.

Megat Zuhairy added that NACSA is collaborating with cybersecurity company Kaspersky to translate a cybersecurity awareness book titled ‘Midori Kuma and a Very Special Race’ into Bahasa Melayu.

The book, written in the form of an interesting story suitable for children, is about using devices responsibly and safely, and is aimed at primary school students. To date, the book has been translated into various languages.

"NACSA also recently organised the My Cyber Hero programme, aimed at developing cybersecurity talent among primary and secondary school students. The programme will be expanded (next year) to include students from ASEAN countries as part of CYBER 2025, which is expected to take place in July next year,” he said. - BERNAMA