Concerned by the media frenzy surrounding the homecoming of a minor who was allegedly raped in a Sabah illegal immigrants detention centre, Social Welfare Department officials have stepped in to protect her identity.

The department's director of legal and advocacy division Peter Jeshurun told malaysiakini that an injunction was obtained at a Sabah magistrate's court yesterday to prohibit the press from publishing any information which could identify the 13-year-old girl.

"An application (for the injunction) was made and approved yesterday at a Sabah magistrate's court.

"Section 15 of the Child Act 2001 prohibits disclosure (of any information) which could lead to the identification of the child," said Peter when contacted today.

The girl, who was mistakenly deported to the Phillippines in late August, has been in the media spotlight since her return to Sabah on Monday after months of diplomatic wrangling between Kuala Lumpur and Manila.

Following her return, clips of her family members have been broadcasted by several local television stations while descriptions of the girl and details of her family have been published in newspapers.

Severe penalties

Explaining the provisions of the Child Act, Peter said aside from information leading to her identity, pictures or televised clips of the girl are also prohibited.

"The media organisations (present for the court proceedings) have been informed and there should be no more pictures henceforth," he said.

Under the law, the media is not allowed to reveal the name, address, educational institution, or any particulars that could be used to identify a child concerned in any criminal act or omission.

They are also forbidden from publishing or transmitting any pictures of the child or any other person, place or thing that could lead to the identification of the minor concerned.

Meanwhile, vice-president of the Malaysian Association for the Protection of Children Aneeta Kulasegaran said the court injunction would allow the Social Welfare Department to recommend for action to be taken against media organisations that flout the law.

"The power to prosecute lies with the department. They can recommend to the Attorney General's Chamber so that the police can be ordered to investigate if a violation has occurred," she said when contacted.

Aneeta warned that those who persist in publishing information related to the child's identity may have to face a fine of up to RM10,000, a jail term of up to five years, or both, if convicted.

"The penalties are severe. Aside from the fine aspect, it is a matter of contempt of court which could (result in) a prison sentence," she said.

This is not the first time that proponents of child rights have criticised the media for publishing information relating to the girl's identity.

Last September, several newspaper revealed the name of the girl in a quote attributed to Prime Minister Dr Mahathir Mohamad.

Mahathir had issued a press statement to assure Manila that Malaysian authorities would undertake a thorough investigation of the alleged 'sexual molestation' of the girl.

Suhakam to investigate

Earlier, Human Rights Commission of Malaysia (Suhakam) commissioner Prof Mohd Hamdan Adnan said an investigation will be carried out later this month on the situation facing street children in Sabah following the controversy raised by the case of the 13-year-old girl, who was also said by authorities to have been a street child.

He pointed out that since Malaysia is a signatory to the United Nations Convention on the Rights of the Child (CRC), the commission has to ensure that obligations under the convention are observed.

"As a signatory to the CRC, it is important that we ensure that the children of aliens are also not neglected.

"There has been a number of reports that children have been left behind after their parents were deported," he said when contacted.

Controversy over the case of the 13-year-old arose after she was found to have been mistakenly sent to southern Philippines together with other Filipino illegal immigrants during a mass deportation exercise in late August.

She was later discovered to be a Malaysian citizen after a special federal police team was set up to investigate the rape claim.

Malaysia has been a signatory to the CRC since Feb 17, 1995.