Child Pornography Case Study

1.2 PROBLEM STATEMENT

In order to fight child pornography and protecting the children, Malaysia’s current law is seen as inadequate. When comparing to other countries such as Canada and United Kingdom, the countries are regulating the laws and regulations focus to the child pornography itself. Besides regulating the law, they also provide a centre and foundation to protect and fight against whatever forms of child pornography and abuse.

In Malaysia, the provision vested under Section 292 of the Penal Code provides light punishment to the people who produce, distribute and sell the obscene material in which it leads almost toothless provision as compared to murder provisions in the Penal Code. The kind of punishment will not reduce the number

The accused may freely walk away from all the charges. Due to the complexity of the infrastructure of the internet, which is borderless, Malaysia law could not be established. There is a need to identify who is the distributor and the possessors. As far as the infrastructure of the internet is concern, it is difficult to trace and locate the identity of the offender. Thus the law should not only be prepared for the offence himself but also to meet up the structure of the internet. The meaning of obscenity is not good enough to punish the offence of child pornography.

1.3 RESEARCH QUESTION

Whether Malaysia should reform the law regarding child internet pornography?

Apart from the law, should Malaysia look into non-regulative measures?

1.4 RESEARCH OBJECTIVES

1. To analyse and identify the law in Malaysia regarding child pornography.

2. To compare the law regarding child pornography in Canada and United Kingdom with the law in

We have conducted interview with police officers to check on their data and cases of related issue. Data is analyse to identify the statistic on the case of child pornography is increase or not. If the data increase, the reason to come out with a new provision or regulation should be strong enough. Besides police officers, we also have interviewed statutory rape offenders based on the reported case in order to determine the factor that triggered them to commit the act. The interview aimed to check whether there’s a connection between watching child pornography video with the offence they committed, especially in statutory rape.

Once the information collected, we looked into relevant laws implemented in the world stage, articles, journals, books, and others.

1.6 SCOPE AND LIMITATION OF THE RESEARCH

1.6.1 SCOPE OF STUDY

The scope in this research limited to Internet child pornography only. It also involves comparative analysis with other countries such as United Kingdom and Canada because they have specific laws which deal with child internet pornography

1.6.2 LIMITATION

The major limitation in this research is the lack of cases in Malaysia relating to child pornography. However, to overcome this problem, since there are ample cases from other countries, these cases will be used for the purpose of this research.

Besides that, in Malaysia, the exemplary studies yet to be conducted.