Respect minors' rights, group says as teens to face charge of bullying Zara

Summary

• With the public prosecutor planning to charge five teenagers with bullying Zara Qairina Mahathir, Suhakam reminds the public that the minors have rights under Child Act 2001.

• Under the law, no one is permitted to reveal their identities to the public.

• Suhakam also urges social media platforms to update their policies and remove harmful content before it becomes viral.

With several teenagers scheduled to be charged with allegedly bullying Zara Qairina Mahathir, Suhakam urged the public and media to let justice take its course in accordance with the rule of law, while respecting minors’ rights.

While stressing that bullying is not acceptable, the Office of the Children’s Commissioner (OCC) mentioned the suspected teenagers are entitled to full protection under the Child Act 2001 (Act 611), which includes trauma-informed support, legal representation and fair treatment.

“Their identities must not be revealed directly or indirectly. No names, photos, schools or any details that could lead to them being identified should be made public.

“Section 15 of the same Act makes it a punishable offence to publish any information that could identify children involved in court proceedings. Penalties include up to RM10,000 or five years’ imprisonment, or both,” it said today.

Suhakam also said the children’s court is a closed court under Section 12 of the Child Act, adding that only parties directly involved are permitted to attend.

Yesterday, Attorney-General Dusuki Mokhtar confirmed that five teens will be charged in the Kota Kinabalu Juvenile Court on Aug 20 with allegedly bullying Zara.

“Yes, all of those who will be charged are under the age of 18,” he reportedly told Bernama.

Dusuki reportedly said that the teenagers involved will be charged under Section 507C(1) of the Penal Code, relating to the offence of using or making any threatening, abusive, or insulting words or communication.

‘Update your policies’

Earlier, the Attorney-General’s Chambers (AGC) announced that it would be charging several suspects allegedly involved in the case.

On that note, Suhakam urged social media platforms to update their internal policies and community standards to ensure content that breaches the Child Act are proactively flagged and removed.

It noted that waiting for takedown requests may allow harmful content to go viral, which defeats the law’s protective intent.

“Failure to act risks further harm to the children and may amount to complicity in unlawful disclosure.”

Public uproar

Zara was pronounced dead at Queen Elizabeth Hospital I on July 17.

She had been admitted to the hospital after being found unconscious in a drain near the dormitory of SMKA Tun Datu Mustapha in Papar at 4am on July 16.

Police initially classified the case as “sudden death” and skipped a post-mortem after her mother signed a consent letter declining it, which is now under scrutiny for breaching police protocol.

Several rallies have taken place since the incident, demanding justice for her death, in which foul play is suspected.

The Coroner’s Court has set Sept 3 to commence inquest proceedings into Zara’s death.

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