The National Union of Journalists (NUJ) said it was a breach of common etiquette for newspapers to disclose the name of a 13-year-old Filipina who was allegedly molested by a policeman while in detention pending deportation in Sabah.

In their reports today, New Straits Times , Berita Harian and Utusan Malaysia published the girl's name in a quote attributed to Prime Minister Dr Mahathir Mohamad.

NUJ general secretary Hong Boon How said it is "not appropriate" for the press to publish names of survivors of sex-related crimes as it will place additional stress on the person.

"It is very clear that for the 13-year-old, her name should not have been disclosed. Newspapers need to look after the interests of the victims especially when it concerns a minor," he said when contacted.

Asked if the NUJ code of ethics has provisions for such situations, Hong said, "I don't think so." He added, however, that the code specifically calls for "fair reporting".

"Editors in newspapers are experienced journalists. They should exercise discretion. At the end of the day, editors should also look from the other side of the coin from the victims' perspective," he said.

Fine and jail term

Meanwhile, vice-president of the Malaysian Association for the Protection of Children, Aneeta Kulasegaran, said there are clear provisions in the Child Act 2001 which came into force on Aug1 restricting the press from identifying children concerned in a criminal act.

"Section 15 of the Child Act basically says that the mass media cannot report children involved in criminal matters whether as an offender or as a victim.

"The press cannot reveal the name, address, education institution, or any particulars that could be used to identify the child," she said in a telephone interview.

The law further states that persons found in contravention of these restrictions could face a fine of RM10,000 and imprisonment not exceeding five years or both.

However, Aneeta, who is also a lawyer, said it is uncertain if the section is applicable to the case at present because the Filipina minor had not lodged a report directly with the Malaysian police over the matter.

She also said it is uncertain if the media can be held accountable for publishing information revealed in press statements.

Papers responsible

Echoing a similar view, Human Rights Commission of Malaysia (Suhakam) commissioner Zainah Anwar said newspapers should have omitted publishing the teenager's name because it is within "journalistic ethics regulating reporting of sex crimes".

Zainah compared the matter to reporting on current legal cases, saying that court reporters may know the names of survivors of sex crimes, but they are bound not to reveal the information in their reports.

"Even if the name was mentioned on a press statement, the papers should still not have used it," she asserted.

The molest allegation had caused further strain in bilateral relations between Malaysia and the Philippines, which had soured since Malaysia undertook a unilateral decision to force out illegal immigrants from the country.

In the ensuing outcry, President Gloria Arroyo-Macapagal sent a stinging letter expressing her "personal outrage" to Mahathir and called for the latter to undertake the necessary steps to investigate into the matter.

Mahathir, in turn, issued a press statement yesterday stating that he "personally views with serious concern the allegation made by a Filipino minor (whom the statement named) that she was a victim of sexual molestation in one of the detention centres in Kota Kinabalu".

The premier also said he had directed "a swift and thorough investigation" to verify the claims.

Following this, the federal police Criminal Investigations Department announced today that it has formed a special team to probe the allegation.