THE recent case of a school bus driver in Malaysia, who was detained after posting videos of young schoolchildren on his TikTok account and referring to one as his “crush,” has ignited public outrage and discussions around sexual misconduct, particularly involving minors. The incident shines a light on two important legal principles: ignorantia juris (ignorance of the law) and ignorantia facti (ignorance of fact). This case not only raises concerns about the ethical responsibilities of individuals in positions of trust but also about the broader issue of how ignorance is treated in criminal cases, especially those involving vulnerable individuals.

The incident: A breach of ethical and legal boundaries

The driver’s actions, which involved recording videos of schoolchildren and uploading them to TikTok with inappropriate captions, clearly violated both ethical norms and legal boundaries. This case was particularly alarming because the driver was in a position of trust, responsible for the safety of schoolchildren. The fact that he posted such content on a public platform with a large following added to the severity of the offense.

Under Malaysian law, the driver was detained under the Akta Kesalahan Seksual Terhadap Kanak-Kanak 2017 (Sexual Offenses Against Children Act 2017) and the Child Act 2001. These laws are designed to protect children from exploitation and harassment, and the driver’s actions were a clear violation of those protections. His actions were not only inappropriate but also harmful, as they compromised the child’s privacy and could have long-lasting psychological effects.

Ignorance of the law: No excuse

One of the core principles of criminal law is ignorantia juris non excusat, ignorance of the law is no excuse. This means that even if the driver was unaware that his actions were illegal, it would not absolve him from responsibility. Sexual offenses, particularly against minors, are taken very seriously under Malaysian law, and the driver should have been aware of the legal and ethical boundaries of his role.

In this case, even if the driver did not intend harm, ignorance of the law cannot be used as a defense. The legal system assumes that individuals, especially those in positions of trust, should know the laws that apply to their actions, especially when those actions impact others, particularly vulnerable groups like children. The fact that the driver was responsible for the safety of children makes his actions even more egregious.

Ignorance of fact: A weak defense

The principle of ignorantia facti (ignorance of fact) is sometimes used as a defense in criminal cases. In this case, the driver could claim that he did not realize the harm his actions would cause or that he was unaware of the legal implications of recording and sharing videos of minors without consent. However, this defense is weak given the nature of the offense. Any reasonable adult, particularly one responsible for the care of children, should understand that recording and posting videos of minors without their parents’ consent is not only inappropriate but also illegal.

The fact that the video was shared on a public platform like TikTok, with a large audience, only magnifies the harm caused. Even if the driver did not intend to cause harm, his ignorance of the consequences does not excuse his actions. The law holds individuals accountable for the foreseeable consequences of their actions, especially when those actions involve the exploitation of children.

The broader issue: Sexualisation of minors and social media responsibility

This incident also opens up a larger conversation about the sexualisation of minors and the role of social media in perpetuating harmful behaviours. With platforms like TikTok providing immediate access to large audiences, there is an increased risk of minors being exposed to inappropriate content or being objectified in ways that can have long-lasting impacts on their emotional well-being.

Parents, schools, and authorities need to work together to ensure that individuals who interact with children, whether in educational, recreational, or transportation settings are held to the highest standards of ethical behavior. At the same time, social media platforms must take responsibility for monitoring and removing content that violates children’s privacy or exposes them to harm.

The importance of due process

However, while public outrage is understandable in cases involving children, it is equally important that we allow the legal process to take its course. The bus driver has been detained and is being investigated under Malaysia’s legal framework. While the evidence suggests inappropriate conduct, it is vital that we refrain from making assumptions about the outcome of the case until a judge has reviewed all the facts and rendered a decision.

The rule of law is a cornerstone of any just society, and it is crucial that everyone regardless of the charges they face is given a fair trial. Public opinion should not overshadow the need for a thorough investigation and due process. We must respect the judicial process and allow the courts to determine whether the driver’s actions were indeed criminal and deserving of punishment.

Conclusion: Ignorance is no defense, but due process matters

In conclusion, the case of the bus driver accused of sexual misconduct serves as a stark reminder that ignorance whether of the law or of the consequences of one’s actions is not a valid defense in criminal cases. Especially in cases involving the well-being of minors, individuals must be held accountable for their actions, even if they claim not to understand the harm they caused. At the same time, it is important to allow the investigation to proceed and refrain from passing judgment before the courts have had their say.

Ultimately, this case highlights the need for greater awareness of the laws that protect children and the importance of ethical behavior by those who work with vulnerable populations. It also underscores the need for responsible use of social media, particularly when it comes to safeguarding the privacy and dignity of minors. – September 10, 2024.

* Syahrul Adam Salleh Ibrahim reads The Malaysian Insight. 

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.