Sharenting in Malaysia: Balancing Parental Rights and Children’s Privacy in the Digital Age

  • Abstract
  • Literature Map
  • Similar Papers
Abstract
Translate article icon Translate Article Star icon
Take notes icon Take Notes

This study explores the phenomenon of “sharenting,” the widespread practice of parents sharing information, photos, and videos of their children online, within the Malaysian context. As social media becomes deeply embedded in daily life, sharenting serves as a common means for parents to document and share their parenting journey. However, this practice raises significant concerns about striking a balance between parental rights and children’s rights to privacy, consent, and protection from long-term digital exposure. While Malaysian parents often view sharenting as an expression of their rights, it may inadvertently infringe upon the child’s autonomy and digital footprint, which is permanent and difficult to erase. This study examines the existing Malaysian legal framework governing parental and children’s rights, with a focus on the principle of the best interest of the child as the guiding standard. Through a comprehensive review of literature, relevant legislation, and comparative perspective, the study argues that current laws are insufficiently addressing children’s digital privacy and consent rights. It recommends legal reforms that explicitly recognise children’s rights to privacy, consent, and the right to be forgotten, ensuring a more equitable balance between parental authority and the child’s digital autonomy in the digital age.

Similar Papers
  • Research Article
  • Cite Count Icon 74
  • 10.5204/mcj.1022
Micro­microcelebrity: Branding Babies on the Internet
  • Oct 14, 2015
  • M/C Journal
  • Crystal Abidin

Micro­microcelebrity: Branding Babies on the Internet

  • Research Article
  • Cite Count Icon 12
  • 10.1016/j.jand.2021.11.007
Guidance for Professional Use of Social Media in Nutrition and Dietetics Practice
  • Nov 15, 2021
  • Journal of the Academy of Nutrition and Dietetics
  • Sarah Klemm

Guidance for Professional Use of Social Media in Nutrition and Dietetics Practice

  • Research Article
  • 10.12962/j29880114.v2i2.2039
Perancangan Video Eksplainer ‘Jaga Jejak Digital Anak’ Sebagai Media Literasi Untuk Orangtua Pada Kasus Sharenting
  • Aug 22, 2024
  • VISTRA: Jurnal Desain, Strategi Media dan Komunikasi
  • Fathimah Ishma Hamidah + 1 more

In the digital age, the rise of social media has introduced a new phenomenon known as sharenting, where parents share content about their children online. This practice has both positive and negative impacts, including parental self-fulfillment, potential child exploitation, cyberbullying, and privacy violations. This study aims to create a digital literacy explainer video on sharenting for new or first-time parents aged 25-29. The research and development method used is based on the Borg & Gall model, encompassing five stages: Research and Information, Planning, Development of Preliminary Product, Preliminary Field Testing, and Main Product Revision. The process involves analyzing sharenting literature and existing explainer videos, followed by script and storyboard creation. The explainer video titled "Protect Your Children's Digital Footprints" was then produced. After finalizing the video, it underwent feasibility testing with media and material experts, as well as the target audience, to ensure its effectiveness before publication. Analysis reveals that sharenting creates a tension between parental rights and children's privacy. Therefore, the explainer video is designed to educate first-time parents on the importance of protecting their children's digital footprints. Utilizing animation and expert video clips, the video aims to deliver its message in an engaging and comprehensible way. As a result, parents are better equipped to safeguard their children’s rights and privacy in the digital realm.

  • Research Article
  • 10.37634/efp.2024.9.6
Features of performing parental duties under French family law
  • Sep 30, 2024
  • Economics. Finances. Law
  • Denys Sydorenko

In the paper the author conducted a scientific study of the peculiarities of the performance of parental duties under the family law of the French Republic. It is noted that the French Civil Code uses the concepts of "parental authority" and "parental authority" to define the set of personal non-property and property rights of parents in the legal relationship between parents and children. French family law defines parental authority as a set of rights and obligations aimed at ensuring the best interests of the child. Parental authority belongs to the parents until the child reaches the age of majority or emancipation, for the purpose of protecting the child, ensuring the protection of his safety, health, protection of private life and his morality, ensuring his education and development, provided that the child is involved in making decisions related to exercise of parental authority, in accordance with the degree of maturity and age of the child; it cannot be carried out with the use of physical or psychological violence against the child. The main requirements for the exercise of parental authority (parental authority) by French family law are the proportionality of its exercise by each parent in accordance with the capabilities of each parent and the needs of the child); their joint implementation by both parents, unless otherwise established by a court decision in family matters; the emergence of parental rights and obligations on the basis of marriage and the birth of a child in it or within a year after the dissolution of the marriage, on the basis of a joint statement or a court decision in family matters; their termination in case of recognition of the father or mother as incapable, deprivation of parental rights or death; changing the conditions of their implementation by one of the parents is subject to prior and timely informing of the other parent and agreement with him. French family law defines the possibility of transferring (delegating) parental authority to a third party, a family member or trusted relative, a childcare facility or a departmental service for children at the request of the parents, a person, an institution or a service where the child is (while transferring (delegating) is not subject to the right of parents to consent to the adoption of a minor child). According to the French Civil Code, such management is carried out jointly by both parents, and in the case that parental authority is exercised by one of the parents - by the parent who exercises it.

  • Research Article
  • Cite Count Icon 1
  • 10.2139/ssrn.1747858
Naming Baby: The Constitutional Dimensions of Parental Naming Rights
  • Jan 26, 2011
  • SSRN Electronic Journal
  • Carlton F W Larson

This Article provides the first comprehensive legal analysis of parents’ rights to name their own children. Currently, state laws restrict parental naming rights in a number of ways, from restrictions on particular surnames to restrictions on diacritical marks to prohibitions on obscenities, numerals, and pictograms. Yet state laws do not prohibit seemingly horrific names like “Adolf Hitler,” the name recently given to a New Jersey boy. This Article argues that state laws restricting parental naming rights are subject to strict scrutiny under both the Due Process Clause of the Fourteenth Amendment and the Free Speech Clause of the First Amendment. This Article concludes that although many restrictions are constitutional, prohibitions on diacritical marks, such as that employed by the state of California, are unconstitutional. If parents wish to name their child Lucia or Jose, they have a constitutional right to do so. Similarly, current laws restricting parental choice of surnames fail strict scrutiny. This Article also considers the constitutionality and desirability of statutory reforms that would address certain harmful names not prohibited by current law. Along the way, readers will encounter heavy metal bands with unusual umlauts, boys named Sue, the history of birth certificates, false implications of paternity, and dozens of truly awful, but very real, names given by parents to their children.

  • Research Article
  • Cite Count Icon 1
  • 10.29173/alr2797
Parental Rights Over Transgender Youth: Furthering a Pressing and Substantial Objective?
  • Oct 7, 2024
  • Alberta Law Review
  • Florence Ashley

Parental rights are increasingly being invoked to oppose the growing inclusion of trans youth in education. Recently, some provinces have proposed or adopted laws and policies predicated on the belief that parents have a right to be informed of their child’s choice of name and pronouns at schools and that trans youth should not be allowed to change the names and pronouns they use at school without parental consent, which I term “blanket veto and disclosure laws.” In this article, I explore whether blanket veto and disclosure laws can be justified under two dominant conceptions of parental rights — parental authority and parental entitlement. Using the framework provided by section 1 of the Canadian Charter of Rights and Freedoms, I argue that blanket disclosure and veto laws cannot be justified under either conception of parental rights. Conceived as protection of parental authority, blanket veto and disclosure laws are unjustified because they are not rationally or narrowly tailored to their objective. Conceived as protection of parental entitlement, the laws are unjustified because their objective is inconsistent with the values of a free and democratic society. Regardless of the conception of parental rights we adopt, blanket veto and disclosure laws are constitutionally and politically deficient.

  • Research Article
  • Cite Count Icon 2
  • 10.1542/pir.26.5.163
Divorce and the Adjustment of Children
  • May 1, 2005
  • Pediatrics In Review
  • E Mavis Hetherington

Divorce and the Adjustment of Children

  • Research Article
  • Cite Count Icon 10
  • 10.5204/mcj.1078
Cooperative Mentorship: Negotiating Social Media Use within the Family
  • May 4, 2016
  • M/C Journal
  • Milovan Savic + 2 more

Cooperative Mentorship: Negotiating Social Media Use within the Family

  • Research Article
  • 10.30574/ijsra.2024.13.1.1816
AnxietyNet: social media trends with fuzzy logic trees
  • Sep 30, 2024
  • International Journal of Science and Research Archive
  • Neeharika Tripathi

In the digital age, social media platforms have become integral parts of daily life, facilitating communication, information sharing, and community building on a global scale. However, alongside the benefits of connectivity, concerns regarding public anxiety within these virtual communities have emerged. This research paper delves into the phenomenon of public anxiety on social media and proposes a novel approach utilizing fuzzy tree logic to analyze and address this issue. Through a comprehensive review of literature, theoretical frameworks, and practical applications, this paper aims to provide insights into the complex dynamics of public anxiety and offer potential solutions leveraging machine learning techniques. The proposed methodology involves the development of a cascading model to dynamically compute individual anxiety scores within social media networks. By analyzing structural influences and user interactions, this model aims to provide a nuanced understanding of anxiety dynamics within online communities. Additionally, a probabilistic model is designed to measure anxiety scores of social network messages, utilizing a generalized user profile. The integration of fuzzy tree logic enables the construction of a tree structure to effectively compute anxiety scores, offering a more flexible and human-like decision-making process. Preliminary experiments demonstrate the effectiveness of the proposed approach in capturing and analyzing public anxiety on social media platforms. The fuzzy tree model shows promise in accurately assessing anxiety levels and identifying key factors contributing to social anxiety within online communities. Moreover, the integration of machine learning techniques enhances the scalability and adaptability of the model, allowing for real-time analysis and proactive intervention strategies. This research underscores the importance of addressing public anxiety on social media through innovative analytical frameworks. By leveraging fuzzy tree logic and machine learning techniques, we can gain deeper insights into the dynamics of anxiety within online communities and develop targeted interventions to support individuals experiencing distress. Collaborative efforts in this endeavor hold the potential to foster societal well-being and resilience in the digital age.

  • Research Article
  • 10.51594/ijarss.v7i3.1822
Preserving culture in the digital age: media ethics and privacy for youth in Northeast India
  • Mar 4, 2025
  • International Journal of Applied Research in Social Sciences
  • T Letkholal Haokip + 1 more

The digital age has brought transformative changes to communication, learning, and cultural expression, presenting both opportunities and challenges for the youth of Northeast India. This paper explores the critical intersection of tradition and technology, focusing on preserving cultural integrity amidst rapid digital advancements. Northeast India, known for its diverse ethnicities, languages, and traditions, is navigating the complexities of media ethics and digital privacy to protect its cultural heritage. Social media and online platforms have emerged as powerful tools for cultural exchange, but they also pose risks of misrepresentation, cultural erosion, and privacy breaches. This study examines the role of media ethics in promoting accurate cultural narratives and fostering intercultural understanding. It also highlights the importance of digital privacy in safeguarding cultural practices and traditions. By analyzing challenges and proposing strategies, the paper emphasizes empowering youth as custodians of their heritage in the digital realm. Keywords: Cultural Preservation, Digital Privacy, Media Ethics, Youth, Northeast India, Social Media.

  • Research Article
  • 10.2139/ssrn.3664216
The Assault on Parental Rights in America
  • Aug 6, 2020
  • SSRN Electronic Journal
  • Lynne Marie Kohm

It is a well-established constitutional principle protected as fundamental that parents have the right to direct the upbringing of their children. A fit parent is presumed to be the best authority to accommodate the best interests of his or her children. The United States Supreme Court has traditionally protected parental rights, but today in America governments and third parties are interfering with fit parents exercising their rights over their children in caring for their best interests. What is happening in America today to parents is an assault on their rights as parents, resulting in the law being used as a vehicle of opposition to those rights, toward deconstruction of parental authority and America’s best interest legal structure. This article considers these concerns, highlighting recent attacks on parental rights and authority in the wake of the Covid-19 pandemic, in life support, in education, in gender dysphoria, illustrating that parents have been undermined and denied their rights to protect the best interests of their children. Section I details recent events surrounding Covid-19, and then illustrates that long before the pandemic parents have been fighting for the very lives of their children, and losing. Section II discusses state efforts to protect parental rights in statutory code and legislative measures, in the context of constitutional authority already granted to parents to protect the best interests of their children. Section III then examines the difference between children’s rights and parental rights to protect the best interests of the child, and why emerging international notions on children’s rights should never replace constitutional parental rights in America. They do only to the harm of children and their parental protection. By examining these concerns, this article raises and explains some of the most important policy debates on parental rights, children’s rights, and families today. It will reveal the unwitting if not active deconstruction of the family, and how we think about rights and duties between family members, while arguing that the relationship between a parent and child is a constitutionally protected liberty interest that deserves renewed protection under parental rights.

  • PDF Download Icon
  • Research Article
  • 10.17159/2225-7160/2024/v57a1
The best interests of the child and the right of interested third parties to parental responsibilities and rights: RC v HSC 2023 4 SA 231 (GJ)
  • Jun 11, 2024
  • De Jure
  • Mildred Bekink

The South African post-constitutional era gave rise to the reframing of what was previously referred to as parental authority to parental responsibilities and rights. Throughout these developments, the best interests of the child remained a constant consideration, resulting in a move away from a parent-centred approach to a child-centred approach. In line with this child-centred approach, modern South African law recognises that children have the right to family or parental care. Recognition is also given to the subsequent fundamental principle that parents and the family perform a central role in a child's care and protection. However, analogous to global trends South African family structures have transformed and are no longer typically nuclear, but are characterised by a diversity of parental, family and community-based forms of caregiving. Children accordingly find themselves being cared for by persons who are not their biological parents. In this regard the position of the "interested third party" or so-called "co-holder of parental responsibilities and rights" is gaining increasing relevance. Although the role of interested third parties is recognised in domestic law, in the Children's Act, some uncertainty about the right of these parties to obtain parental responsibilities and rights over a child prevails. One such aspect is the right of a former life-partner to obtain parental responsibilities and rights over a non-biological child upon the dissolution of a life-partner relationship. A recent High Court case, RC v SC 2022 4 SA 308 (GJ) and its appeal namely, RC v HSC 2023 4 SA 231 (GJ) to a full bench of the High Court provides valuable insight into this regard and specifically on the approach taken by the courts about an application for parental rights and responsibilities to a non-biological child by an interested third party in terms of the Children's Act.

  • Research Article
  • 10.31998/ksfl.2024.38.1.163
부모 아닌 자의 양육권
  • Mar 30, 2024
  • The Korean Society Of Family Law
  • Dowang Jin

Non-parents’ right to child custody is one of the many problems accompanying the current changed family view or family model. Korean Civil Law already has a history of trying to adapt to the new concept of family by breaking away from the traditional concept of family through legislation allowing (limited) grandparents’ right to visitation. This can be said to be part of the re-establishment of parental rights in terms of children’s welfare. The issue of custody of non-parents covered in this paper could also take the first step in its discussion in the same context. Such an examination inevitably involves adjusting the concept of parental rights, and it also involves a review of the relationship between parental rights and guardianship of minors as a supplement to parental authority.
 The custody of non-parents must first find its basis in guardianship of minors. However, it is worth noting that the supplementary nature of guardianship of minors to parental authority simultaneously implies an exclusive relationship between them. This is a limitation derived from the fact that guardianship of minors was originally designed as a supplement to parental authority, and in certain situations, it could come into an obstacle to realizing the maximization of children’s welfare. To solve this problem, there may be no need to re-establish the supplementary relationship between parental rights and guardianship of minors, but we need to consider an alternative of guardianship of minor. This article reviews the U.S. de facto parents system as the alternative. The de facto parent system, like the minor guardianship system, supplements the parental authority function, but its main focus is to contribute to the children’s welfare by maintaining and continuing the meaningful relationship already formed between the child and a non-parent. This does not simply assume an exclusive conflict with parental authority. This can be confirmed in the fact that joint custody or secondary custody is granted to the de facto parents in certain cases, which ultimately intended for the coexistence and cooperation of parents and de facto parents in raising children. This will be beneficial in achieving maximization of children’s welfare.

  • Conference Article
  • 10.54481/pcss2023.30
The evolution of parental rights: from absolute authority to the protection of the child's best interests
  • Oct 1, 2024
  • Tatiana Focsa

This article explores the evolution of parental rights, examining the historical and legal transformations that have shaped parent-child relationships. Parental rights, an ancient legal institution, reflect the deep natural and social roots observed in the animal world, where hierarchical structures serve the purpose of raising and caring for offspring. Over time, the parent-child relationship was hierarchical, with parents initially having absolute control over children due to their inability to act independently. As society evolved, parental rights underwent significant changes, transitioning from absolute parental control to a modern form influenced by international regulations that emphasize the best interests of the child. Parental authority has shifted from a natural position to a set of negotiable and regulated rights and responsibilities, growing as a dimension of human rights. The article also highlights the theoretical and practical ambiguities of parental rights in the context of social transformations and technological progress. It analyzes how contemporary philosophy and legislation have addressed these rights, including biological perspectives, the best interests of the child, and social agreements. In conclusion, the article argues that parental rights entail not only privileges but also essential duties for the protection and development of minors. Modern legislation emphasizes parental responsibilities more than their rights, with stricter control over how these rights are exercised. This shift reflects a deeper understanding of the sociological and psychological needs of children and the state's responsibility to ensure their protection and well-being.

  • Research Article
  • Cite Count Icon 1
  • 10.26905/abdimas.v7i3.7467
Beware of digital footprints: Wise social media usage for parents of early childhood students
  • Aug 1, 2022
  • Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang
  • Intan Putri Cahyani + 2 more

The COVID-19 pandemic has had a real impact on people's consumption patterns of social media which has increased by up to 40%. On the other hand, the use of social media leaves a digital footprint that cannot be erased. The students' parents of PAUD Soka Indah are the millennial generation who are very connected to their gadgets. Another problem is the lack of knowledge about the dangers of digital footprints as part of uncontrolled online activities and ignorance about the importance of managing digital privacy. Through the Information Communication and Education (IEC) Program, with the central theme of Wise social media, the team focused on the importance of being aware of digital footprints and how to ideally manage communication privacy in cyberspace. This Program uses the Participatory Rural Appraisal Model and aims to build awareness and understanding of being aware of digital footprints and the importance of managing privacy on social media. Previously, most participants were unfamiliar with digital footprints and rarely even paid attention to the terms and conditions of applications or social media. In addition, participants uploaded personal data several times on social media. After the team carried out the IEC program, the post-test results showed that all participants could explain the elements of digital footprints and distinguish between active and passive digital footprint categories. The following significant result is the follow-up on managing communication privacy on social media.

Save Icon
Up Arrow
Open/Close
  • Ask R Discovery Star icon
  • Chat PDF Star icon

AI summaries and top papers from 250M+ research sources.