Zara Qairina’s bullying case today: Here’s why Malaysia’s laws protect identity of children charged in court too
Security personnel stood guard outside the Kota Kinabalu Court Complex as five underage girls were scheduled to be charged in the Juvenile Court this morning over the bullying case involving student Zara Qairina Mahathir. — Bernama pic
Wednesday, 20 Aug 2025 1:00 PM MYT
- Under Malaysia’s laws, children will still face punishment if they commit a crime, just like adults.
- However, the procedure for a child charged in court will be different, as their trial will be held privately — without the public present and with limits on who can attend.
- Child Act 2001 protects all children (victims, witnesses, accused persons) and does not allow the photographs or names of children charged in court to be disclosed to the public in news reports.
KUALA LUMPUR, Aug 20 — Today, five teenage girls are expected to be charged in the Children’s Court in Kota Kinabalu, Sabah in relation to the alleged bullying of secondary school student Zara Qairina Mahathir.
The five are expected to be charged under the Penal Code’s Section 507C(1), which covers the crime of using or making any threatening, abusive, insulting words or communication or act, and these are seen or heard by a person who is likely to feel harassed, distressed, fear or alarmed.
The punishment for this offence is a maximum one-year jail or a fine, or both.
The Attorney General’s Chambers yesterday stressed that the Section 507C(1) charge only refers to the act of bullying and is not linked to Zara Qairina’s death.
Already, lawyers for Zara Qairina’s family has confirmed that a gag order has been issued on the case, under Section 15 of the Child Act 2001.
Here’s a quick summary of what you should know about the law, based mostly on a list of nine frequently-asked-questions (FAQ) issued today by the Prime Minister’s Department’s Legal Affairs Division’s (BHEUU) on the Penal Code and Child Act 2001, and also based on Malay Mail’s reference to those two laws.
The BHEUU however merely issued the list without explaining why it was issued and without making any references to Zara Qairina’s case.
1. What is the Child Act 2001? Or what is the age when a person is still considered a child?
The Child Act 2001 says a “child” is a person who is below the age of 18.
This law consolidates all the laws related to children in Malaysia.
This law’s main purposes are:Providing rehabilitation and care to children who come into conflict with the law.
Protecting children’s confidentiality and dignity, including prohibiting the media from disclosing their identity.
In line with the United Nations Child Rights Convention (UNCRC).
2. Children who commit a crime will be punished under the same laws as adults
“Every individual is responsible for their criminal actions, including children aged below 18 years old. The Penal Code and other punitive laws in Malaysia do not exclude anyone from criminal liabilities,” BHEUU said.
In other words, you won’t escape punishment under the law just because you are still a minor or child.
3. But if you are a juvenile offender, your name won’t be disclosed to the public
BHEUU said the criminal liability will not change even if a child is being prosecuted in court, but court proceedings will be held differently to ensure the rights and dignity of children are always protected.
For example, the Child Act’s Section 15 does not allow such children’s identity to be disclosed to the public, and Section 12 requires court proceedings to not be held openly in order to ensure confidentiality and welfare of the child.
For example, Section 12 says a Court For Children should have a different entrance from other courts in the same building to enable privacy when children are brought in and out.
Section 12 also limits those who can be in a Court For Children to only officers of the court; children involved in the court case, their parents, guardians, lawyers and witnesses, and other persons directly involved in the case; and other responsible persons decided by the court.
4. A quick look by Malay Mail at the Child Act’s Section 15
Among other things, Section 15 states that news reports cannot reveal the name, address or educational institution or any other details that will lead to the identification of children in certain situations.
This includes reports on children allegedly involved in any criminal act and during trials at court, and children who are witnesses.
Section 15 also disallows the publishing of photographs of such children or photographs of any person, place or thing that may lead to the child being identified.
Failure to comply with Section 15 will result in a maximum RM10,000 fine or maximum five-year jail term or both, if convicted.
5. Does the Child Act only protect victims?
“NO. This Act protects all children — whether they are a victim, witness, or an accused person.”
6. Does the Child Act prevent bullies from being punished?
“NO. Any child offender can still be punished under the Penal Code.”
Note: The Penal Code is a “punitive” law which lists the crimes and punishments in Malaysia, while the Child Act is a “procedural” law which states the process if a juvenile offender or a child is charged in court with a criminal offence.
7. What is the Court for Children? And how is it different from the usual criminal courts?
A Court for Children is a court that hears and decides on criminal charges against children, and it can decide on all types of criminal cases except for charges punishable by the death penalty.
When a court sits as a Court for Children, it will be led by a magistrate, but this magistrate will be assisted by two advisers, and one of these advisers must be a woman.
The advisers’ role is to provide advice to the court on any consideration that would affect the court’s order when a child is found guilty or other related treatment of a child brought before this court.
If necessary, the advisers will advise the child’s parent or guardian.
8. Reminder: If you spread false information, it is a crime in Malaysia
“Please take note that spreading false information which can affect public peace, affect a person’s reputation or safety, or threaten national security is a criminal offence.”
BHEUU said this crime can be punished under the Penal Code’s Section 124I, which comes with a maximum five-year jail term.
Section 124I covers the offence of anyone who spreads false reports or makes false statements likely to cause public alarm. This includes spreading false statements verbally, in writing, in any publication or online.
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