Kuala lumpur: In recent months, the nation has been shaken by a string of serious crimes involving schoolchildren. What seems to be turning into a disturbing trend has raised deep concern not only among parents but also at the national level, prompting the question: 'Are our schools truly safe?' After all, schools are meant to be the safest spaces for children.
According to BERNAMA News Agency, it began with the tragic death of Zara Qairina Mahathir in Sabah, which drew widespread attention, followed by a shocking case of gang rape in Melaka. Soon after, the death of a student in a school in Senawang, Negeri Sembilan, allegedly due to bullying, made headlines. Most recently, the country was again stunned when a 14-year-old student fatally stabbed a 16-year-old schoolmate in Bandar Utama, Selangor. Cases once thought to happen only abroad are now occurring in Malaysia as well. This raises a critical question: 'Are our current laws adequate to handle criminal cases involving children, or is there a need for stronger legislation that also emphasises rehabilitation?'
Commenting on the issue, lawyer Muhammad Hafiz Hood opined that the government should strengthen the implementation of existing laws, as well as consider several amendments. He said Malaysia currently relies heavily on provisions under the Penal Code and the Child Act 2001 to regulate and impose punishment on juvenile offenders. 'For instance, Section 302 of the Penal Code still applies in cases of murder, even when the suspect is a minor. However, Section 97(1) of the Child Act 2001 prohibits the death penalty from being imposed on an offender who is legally considered a child at the time of the crime,' he told Bernama, adding that the above is one example of legal provisions that could be strengthened or amended.
Explaining the legal context, Muhammad Hafiz, who has nearly 15 years of experience in legal practice, said in every case, age serves as a mitigating factor (a consideration for reducing punishment) or as a basis for defence that can be applied alongside other factors. However, he noted that such considerations depend on judicial discretion and reasonable evidence.
When asked whether criminal cases occurring within school grounds could open the door for shared liability, he explained that the law allows liability claims to be made against the school. 'Criminal cases in schools present a complex legal situation. Technically and legally, the perpetrator is solely responsible for his or her criminal act. However, this does not prevent the victim's family from pursuing a civil action against the school through a negligence tort suit if there is evidence of the school's failure to ensure the victim's safety.
Addressing claims that some child offenders may receive protection or preferential treatment from certain parties, including family members, Muhammad Hafiz clarified that the law is universal and formulated through detailed research, case studies, psychological assessments and various other factors.
Meanwhile, Malaysian Cyber Consumer Association (MCCA) deputy president Azrul Zafri Azmi said the growing number of child-related crimes is closely linked to the influence of digital technology, particularly when exposure happens without proper guidance or control. He said international studies have shown that repeated exposure to violent content can lower empathy and increase aggressive tendencies among adolescents. 'A study by the University of Michigan titled "Media Violence Exposure and Aggression in Adolescents: A Risk and Resilience Perspective" found that teenagers frequently exposed to violent media were 37 percent more likely to exhibit aggressive behaviour.
Azrul Zafri added that technology should not be blamed entirely as the real issue lies in the imbalance between digital literacy and emotional literacy. 'Video games and social media can be educational if used with proper guidance and supervision, but without monitoring, they can easily become filled with toxic content. Based on MCCA's monitoring with local digital communities, several new trends have emerged, including "hyper-viral violence" - videos of violent or bullying acts recorded purely for viral viewing; "dark challenges" - dangerous online dares on TikTok and Telegram that encourage self-harm; and "role-play crimes" where teenagers imitate crimes seen in films or games without understanding the legal consequences,' he said.
On the proposal to restrict smartphone use for individuals under 16, he said the matter requires thorough consideration. He said restrictions alone will not solve the root problem as a total ban on smartphones would be difficult to enforce and could disrupt digital learning, which is now an integral part of the education system.