In recent days, Malaysia has been shaken by the circulation of disturbing videos allegedly involving students in Melaka, prompting swift action from the Education Ministry and the Malaysian Communications and Multimedia Commission (MCMC) to block and remove the content from social media platforms.
The case has raised deep moral, social, and legal questions, not only about the crime itself, but also about how society reacts to and shares such sensitive material online.
The Law on Circulating Explicit or Sensitive Content
Under Section 233 of the Communications and Multimedia Act 1998 (CMA 1998), it is an offence to knowingly share or distribute offensive or indecent content online, including videos or images involving victims of crime, minors, or sexual misconduct.
Convictions can result in:
- Up to RM50,000 fine or
- One year imprisonment, or
- Both.
Furthermore, when minors are involved, provisions under the Sexual Offences Against Children Act 2017 and the Penal Code (Sections 376, 377, 509) may also apply to protect victims and ensure perpetrators are brought to justice.
Victim’s Rights and Dignity
Even before any court verdict, the victim’s identity and privacy must be protected. Publishing or forwarding such videos can amount to secondary victimisation, adding trauma and humiliation to those already harmed.
The Child Act 2001 and Evidence of Child Witnesses Act 2007 also provide safeguards to ensure minors are treated with dignity throughout investigation and trial.
What the Public Should Do
- Do not share or comment on any explicit or sensitive footage, even if it appears to be “news.”
- Report such content immediately to MCMC (aduan.skmm.gov.my) or to the Royal Malaysia Police (RMP).
- Educate others especially teens, that forwarding illegal material can itself be a crime.
- Seek legal advice if you have received or been linked to such material.
Our Perspective
At Nadiah Sharifudin & Co., we believe that justice is not only about punishing offenders. It’s also about protecting dignity, privacy, and trust in our communities.
Cases like this remind us that the law applies to everyone, including online behaviour, and that empathy must always precede judgment.
For legal consultation or advice on cybercrime, defamation, or privacy violations, contact us at:
Lot 14A, Jalan Diplomatik 3, Presint 15, 62050 Putrajaya
03-8861 2589 | [email protected]
www.nadiahsharifudinlaw.com
