Balancing Child Protection and Freedom of Expression: A Comparative Analysis of Malaysia's Online Safety Act 2025 and International Digital Safety Frameworks

This paper examines the interplay between child protection and freedom of expression in regulating children's access to social media, focusing on Malaysia's Online Safety Act 2025 and comparing it with laws from Singapore, Australia, and the United Kingdom. It analyses age-restriction laws, highlighting Malaysia's prohibition on under-16s using social media within international digital safety frameworks. Using comparative legal analysis, the study evaluates the hard bans in Malaysia and Australia against the risk-based age-assurance systems in the UK and Singapore. This paper employs a qualitative research methodology, utilising a doctrinal legal approach complemented by comparative analysis between the Malaysian legal position and the other three legal counterparts. The findings reveal debates over rights, privacy, and regulation, as well as implications for online service providers, including compliance burdens and the GDPR data minimisation principles. The paper concludes with recommendations for Malaysia to adopt risk-based assurance, enhance privacy protections, and promote digital literacy, while advocating for ASEAN-wide harmonisation of standards. This approach underscores the need for balanced frameworks that protect children while respecting their freedoms and ensuring service providers' compliance.