Recent media coverage of events involving abused or neglected children has raised the question as to why the authorities have failed to act against media organisations that flout Section 15 of the Child Act 2001, which came into force in August.

The latest transgression occurred in reports which appeared over the weekend about an eight-year-old girl who was found abandoned in Muar, Johor. Two newspapers published the child's name and photograph together with details of her family.

The Malaysian Association for the Protection of Children (MAPC) voiced its objection, saying that these national dailies have clearly violated the Child Act.

"We are of the opinion that there is a clear violation of Section 15 (of the Child Act). Not only did they reveal her name and family details, they also published her photograph. This is a clear violation of her right to privacy," said vice-president Aneeta Kulasegaran when contacted yesterday.

Press guidelines

Section 15 prohibits the media from revealing the name, address, educational institution, or any particulars that can 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.

Aneeta said, however, that action can be taken only if a police investigation is launched or if the Social Welfare Department recommends that action be taken against the newspapers concerned.

"The public prosecutors cannot take action unless the Social Welfare Department lodges a report. "However, it is quite possible that there will be no prosecution until the department comes up with its guidelines on press coverage," she said.

Asked if the legal provisions are not already sufficient to elicit compliance, Aneeta replied: "I think they are, but the department may feel that there is a need to come up with proper guidelines."

This is not the first time that MAPC has taken the media to task for ignoring provisions in the act.

In September, the association criticised several newspapers for publishing the name of a 13-year-old girl who was allegedly raped by Sabah policemen in an immigration detention centre, where she had been held prior to being mistakenly deported to the Philippines in August.

Prime Minister Dr Mahathir Mohamad had revealed her name in a statement, when responding to criticism from Manila over the treatment of the girl at the time, she was thought to be a Filipina, but was later determined to be Malaysian.

When she returned to Sabah last Monday, the Social Welfare Department obtained a court injunction to stop the media from revealing any information which could identify her.

Seminar for editors

Meanwhile, Social Welfare Department's director of legal and advocacy division Peter Jeshurun said "certain steps" were being taken to address the issue concerning media reports.

"I have spoken with the director-general (Sayed Abdul Rahman Sayed Mohd) and we will come up with a more integrated approach to the matter," he said when asked to comment on the publication of the Muar girl's name.

"At the moment, there are no guidelines for the media on the application of the Child Act. The papers themselves do not have proper understanding of the law so there is a need to educate the media."

Jeshurun said that, pending the formulation of the guidelines, the department would take other steps to remind media organisations to comply with the law.

"As and when it (any violation) occurs, we will bring it to the organisation's notice," he said.

Social Welfare Department official Toh Kim Lian told malaysiakini the department was planning to hold a seminar for editors to explain the implications of Section 15 of the Child Act.

"We have made a decision to have the seminar. However, we have not finalised the date (although) we are trying to have it soon. When we do so, we will invite all relevant agencies to the seminar," she said when contacted yesterday.