Sharing images of children without consent is illegal

PETALING JAYA: Taking photos or videos of children and sharing them on social media without permission is not only inappropriate, it is also illegal. The Child Act 2001 is there to protect children’s privacy, says Datuk Seri Ramli Mohamed Yoosuf, director of Bukit Aman’s Commercial Crime Investigation Department.

“In many developed countries, the identity of children, as victims or perpetrators, is often protected by showing blurred images of them.

“Now is the time to address the problem because if we don’t, people may continue to ignore the emotional and legal consequences of such actions.”

He responded to a widely used TikTok account of a 24-year-old bus driver, who had more than 600,000 followers, by making videos of minors on his bus without their consent.

Some videos contained inappropriate subtitles, leading to sexual and offensive comments from viewers. Most videos have been viewed more than a million times.

According to the Bukit Aman Sexual, Women and Child Investigations Department, between 2017 and March 2022, police received reports from international authorities indicating that 93,359 internet protocol addresses were suspected of being involved in child pornography.

The information was shared with Malaysian authorities by Interpol, the US FBI and the National Centre for Missing and Exploited Children.

According to Prof. Dr. Yarina Ahmad, a lecturer in social and policy studies at Universiti Teknologi Mara, sharing photos and videos of children on social media is a common practice. It is even more worrying when parents share photos or videos of their own children.

She said that by making their social media accounts more attractive, parents unknowingly create opportunities for pedophiles and other child abusers with deviant desires towards children.

“Despite having permission from your child’s parents to record a video, uploading the video is a sign of disrespect for the rights of the child.

“In this context, the justification of parental consent is not appropriate to support the actions of the bus driver, who may have the intention to sexually abuse children and to incite symptoms of paedophilia.”

She said all parties need to be aware of current trends and challenges in child protection, including online exploitation, bullying, gambling and emotional manipulation.

“When it comes to sharing images or videos of children, both in educational and public contexts, consent is a crucial aspect that must be carefully considered.”

According to Yarina, a lack of privacy can have significant psychological consequences for children who spend too much time on social media, especially when parents regularly share details about their children online.

She said that in this way, parents indirectly expose intimate aspects of their children’s lives to a wide audience. Such constant exposure can impact their relationships and social skills. This can potentially lead to antisocial behavior as children struggle with personal boundaries, both online and offline.

“Children need to be educated about their right to privacy and to speak up if they feel uncomfortable sharing their images.

“Adults should be aware of the potential consequences of sharing photos or videos without proper consent and should prioritize the well-being of the children involved.”