Pros And Consequences Of Child Pornography
In Malaysia, children’s right are protected through domestic legislation and by joining international treaties including UN Convention on the Rights of Child (CRC) and the Optional Protocol to the Convention on Rights of Child on the Sale of Child, Child Prostitution and Child Pornography.
In comparison with United Kingdom jurisdictions, Malaysia law does not provide a clear definition on child pornography. Malaysia regards all pornography as illegal and thus does not have any specific law criminalizing child pornography. There are laws which govern all types of pornography under the category of obscene, indecent and offensive material. Acts such as the Printing Presses and Publication Act 1998 (PPPA), the Film Censorship Act 2002 (FCA) and the Penal Code prohibits obscene and offensive materials in relation to printing and
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Section 31 of the Child Act 2001 clearly prohibits sexual abuse of children, while section 43 makes it an offence to sell, buy, let for hire, obtain possession, detain, advertise of a child for the purposes of prostitution. These provisions focus on physical abuse and exploitation that may require judicial activism from the court and prosecutor creativity to extend the application to digital era.
However, new development has been addressed in combating the issue of online pornography or indecent images. Several of the above Acts that were used to govern print and film pornography have been applied to address online crimes in relation to posting, distributing and possessing of indecent photographs online and websites. In the case of Tan Jye Yee & Anor v Pendakwa Raya [2014] 6 MLJ 609, the appellant has been charged inter alia under section 5(1) of the Film Censorship Act 2002 for obscene publication in their Thumblr. The charge is yet to be materialized since he has escaped to another
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