Lawyer calls on authorities to safeguard identities of underage victims

Co-founder of Family Legal Clinic (FLC) Shafeea Riza brought to attention the misuse of data involving victims of crimes on social media via a tweet made on Tuesday.

Citing section 33 of the new Child Rights Protection Act, her tweet, which tagged Maldives Police Service, specifically called out MVCrisis, a telegram social media channel that classifies itself as a news source, for releasing information revealing the identities of children in dire circumstances.

An official translation of the amended Child Rights Act reads in Clause A of Section 33, that no individual or party may publicise personal information that may comprise a child’s dignity. Clause B elaborates on the above, stating that the name, address or personal information such as the name of the school, of any child identified as a perpetrator of physical or sexual abuse, a victim of sexual abuse or exploitation, or a child in any other circumstance that requires protection, including photographs and other information that can indirectly reveal the child’s identity, should not be publicised on any media or platform.

An official translation of the amended Child Rights Act reads in Clause A of Section 33, that no individual or party may publicise personal information that may comprise a child’s dignity. Clause B elaborates on the above, stating that the name, photograph, address or personal information that can indirectly reveal identity such as the name of the school, of any child identified as a perpetrator of physical or sexual abuse, a victim of sexual abuse or exploitation, or a child in any other circumstance that requires protection, should not be publicised on any media or platform.

The only exceptions to the above, per Clause C, occurs in limited circumstances when information is published by a court or by the children’s ombudsperson, who will be appointed under this Act.

The amended Child Rights Protection Act was ratified on November 20, 2019 and will be in effect from February 20 onwards.

President Ibrahim Mohamed Solih referred to the act on Monday during the presidential addresse delivered at the inaugural session of the parliament, assuring that after the newly amended Child Rights Protection Act comes into force, it would "ensure the protection of all children from having to experience any form of sexual abuse - more so than ever before.” He further remarked that the Child Rights Act was passed after previous administrations had stalled the legislation in discussions for 28 years.

Speaking to The Edition, Shafeea affirmed that while the identity of any child or person subjected to abuse or harassment should never be revealed, the principle “should be applied more strictly when the matter involves children”.

“The fact that the Act is not yet in effect should not stop the concerned relevant authorities from taking action and ensuring the principle is upheld”, said the long-time champion of gender rights.

“We, as individuals have to take responsibility for the repercussions that may follow. This is a digital age and all information disseminated online is recorded for the foreseeable future”.

“Therefore”, she continued, “the identities thrown about on social media are likely to remain or become targets for the rest of their life. This will inevitably have a negative impact, affecting the likelihood of a healthy and happy future”.

Calling the leaking of sensitive information an act of “revictimizing” survivors, Shafeea declared that those who publish or pass such information are effectively, “contributing to the cycle of violence”.

The internationally accepted best practices of reporting in media, irrespective of medium, clearly stipulate against revealing the identities of minors in circumstances such as those outlined below.

According to the principles and guidelines for media reporting on children published by United Nation’s Children’s Fund (UNICEF), reporting on children and young people should never put them at risk. The third of its seven guidelines for reporting on children mandates publishers to always change the name and obscure the visual identity of any child identified as a victim of sexual abuse or exploitation, a perpetrator of physical or sexual abuse, HIV positive, or living with AIDS and a child that is charged or convicted of a crime.

In addition to the above, United Nations Population Fund (UNFPA)’s Guide on Reporting states that ethical journalism means respecting the privacy of both survivors of gender based violence, victims of harassment and their bereaved families. This guideline includes the possibility of ‘jigsaw identification’ when granting anonymity, which occurs when audiences piece together details - such as location, age, clothing, or family members - even though the survivor is not named.

Furthermore, Maldives Media Code of Ethics published by Maldives Media Council clearly states that, in case of tragic and helpless situations, information will be provided and published in a way that does not diminish people’s human dignity. Although it is unclear whether MVCrisis is a registered news source, the local authority has not thus far come forward discrediting such mediums that claim to be media platforms nor have they condemned such unethical practices.