‘Sharenting law’ noble but difficult to implement, says child rights activist James Nayagam

As Malaysia prepares for the possibility of codifying ‘sharenting’, a child safety advocate says that while it is a noble idea, implementing it would be difficult, particularly when it comes to obtaining consent from both parents.

James Nayagam, former chairman of the Suriana Welfare Society and ex-commissioner of the Human Rights Commission of Malaysia (Suhakam), said that based on his more than 40 years of experience in dealing with families, it might not be easy for parents to reach a consensus.

Nayagam was responding to Women, Family, and Community Development Minister Datuk Seri Nancy Shukri, who said there was a possibility of including ‘sharenting’ under the Child Act 2001, which is undergoing amendments.

Nancy said her ministry has been discouraging sharenting through social media platforms and that if there was a need, it could be included in the amended Child Act.

‘Sharenting’ refers to parents and guardians who openly share images of their children on social media platforms.

Nancy said the proposed regulation protects children from perpetrators who might take advantage of the information and location shared by the parents.

In France, the law states that “both parents must consult each other and act jointly before sharing images of their child, taking the child’s opinion into account”.

“But what happens if the parents don’t have a good relationship, are not on talking terms, or are in the middle of a divorce? How do you get them to agree before posting a picture of their children?” asked Nayagam.

While agreeing that there was an urgent need for a comprehensive legal framework to protect children from the potential harm of sharing personal images and information online, Nayagam said not many parents would understand the proposed amendment.

“While I agree parents should not share pictures or videos of their children excessively, there are ways they can minimise the risks,” said Nayagam.

“Parents should think about the settings on their social media and set such posts to ‘family members only’ or for ‘close friends’.

“I know the urge to share milestones with the world is great, but always think about the safety of your children.”

Separately, Nayagam suggested the government raise the legal age for owning a social media account to 16.

“Social media platforms don’t allow children under 13 to create, own, and use accounts, but we should look at Australia, which is proposing that only those 16 and above can have a social media account,” said Nayagam.

“That is a good move, as 16-year-olds are more mature.”

Earlier this month, Australian Prime Minister Anthony Albanese said his government would legislate for a ban on social media for children under 16 in a move that could see the matter becoming law late next year.