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New digital laws could cause ‘more harm than good’

Without careful consideration, policies disrupting access to online tools might lead to child safety risks: NGO

PETALING JAYA: As Malaysia prepares to tighten control over major digital platforms — raising age limits and introducing new licensing requirements — child rights advocates are warning that headline-driven solutions risk overlooking how children actually live, learn and communicate in a digital-first world.

CRIB Foundation co-chairperson Srividhya Ganapathy said the debate on “online child protection” must move beyond symbolic restrictions and confront the realities of children’s everyday lives.

“With 2026 now in sight and major changes to how children access the internet on the table, it’s worth pausing to ask what ‘protecting children online’ should actually mean,” she said.

She was responding to an announcement by the Malaysian Communications and Multimedia Commission that major messaging and social media platforms meeting the user threshold – including WhatsApp, Telegram, Facebook, Instagram, TikTok and YouTube – will be deemed registered as Applications Service Provider (Class C) licensees from Jan 1.

Separately, the Cabinet has approved raising the minimum age for social media accounts to 16, with implementation expected next year.

Authorities have also indicated that platforms may be required to adopt electronic know-your-customer (eKYC) mechanisms, potentially involving official identification documents, to verify the age of users.

For many Malaysian families, online spaces are no longer optional.

Messaging apps, online classrooms and digital group chats have become essential infrastructure – connecting parents, teachers and students, enabling learning, coordination and social support.

“Children learn, collaborate, seek help and build friendships online,” Srividhya said, adding that policies which fail to reflect this reality risk doing “more harm than good”.

While acknowledging that online harms are real and escalating, she cautioned against responses driven by urgency rather than careful design.

“There are real dangers – sextortion, grooming and bullying are not abstract risks,” she said.

“But pretending children can simply stay offline is no longer realistic.”

She pointed to WhatsApp in particular as a form of basic communication infrastructure for many households.

Parents and teachers rely on it for school announcements, students use it for group work, and families depend on it because it remains accessible as long as there is data or WiFi.

“Any policy that disrupts access to tools like this without careful design and exemptions will have real consequences, especially for families with few alternatives,” she said.

On age thresholds, Srividhya said she supports an under-13 limit rather than under 16, but only if it is paired with strong platform obligations, privacy-respecting enforcement and genuine child participation.

“Under 13 is already the baseline most platforms claim to operate on,” she said.

“A blanket restriction up to 16 risks being disproportionate and may simply delay exposure rather than reduce harm.”

She stressed that age limits alone do not make online spaces safer.

“They change who is allowed in, not how those spaces behave,” she said.

Srividhya also raised concerns about the possible use of eKYC and official identification for age verification, adding that such measures could introduce new risks related to privacy, data retention and misuse.

“A policy aimed at protecting children should not normalise surveillance or create new vulnerabilities in the process.”

More fundamentally, she questioned what happens once a child turns 16 if platforms remain unsafe by design.

“If the environment doesn’t change, we’re not solving the problem – we’re just postponing it,” she said, adding that safety must be embedded into systems through enforceable duties on platforms.

She called for safer default settings for minors, limits on unsolicited contact, clear reporting channels, fast response timelines, transparency reporting, independent audits and meaningful penalties for non-compliance.

Sha added that online safety education must be continuous and practical, involving children, parents, caregivers and educators, rather than treated as a one-off or symbolic exercise.

Srividhya also emphasised that children must have a real voice in shaping digital policy.

“Participation cannot mean children listening while adults speak.

“It must shape outcomes, not merely legitimise decisions already made.”

As Malaysia moves towards implementing new digital regulations in 2026, she urged policymakers to prioritise solutions that measurably reduce harm over symbolic controls.

“Protection is not about control. Children’s rights do not disappear online,” she said.

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