What are child sexual abuse materials and
how Malaysia's laws punish CSAM crimes?
KUALA LUMPUR, Aug 8 — A 31-year-old unemployed man was today charged with allegedly kidnapping six-year-old Johor girl Albertine Leo Jia Hui, and also other crimes such as allegedly possessing and collecting "child sexual abuse materials" (CSAM) in the form of over 5,000 images and videos.
But what is CSAM? What are the punishments awaiting those who own CSAM? How can Malaysians keep their children safe?
1. CSAM: The new name for "child porn" in Malaysia's laws
In July 2023, the Malaysian government replaced the term "child pornography" with the new term "child sexual abuse materials" (CSAM) in the Sexual Offences Against Children Act 2017 (SOAC).
This is because children can never consent to sexual acts.
Under the 2017 law's Section 4, the definition of CSAM includes visual, audio, written representations of a child engaged in sexually explicit conduct; or realistic or graphic images of a child or a person appearing to be a child engaged in sexually explicit conduct.
2. CSAM offences: Punishable by up to 30 years' jail in Malaysia
The 2017 law's Section 5 to 10 lists down the punishments for six main different offences related to CSAM, ranging from a maximum five-year jail term (for accessing or possessing CSAM) to the most severe punishment of maximum 30 years' jail (for making CSAM).
3. What are the other sexual crimes against children in Malaysia?
Under the same 2017 law, there are also three offences relating to child grooming:
Section 11 (sexually communicating with a child; maximum three-year jail term);
Section 12 (child grooming; maximum five-year jail term and whipping);
Section 13 (meeting following child grooming; maximum 10-year jail term and whipping).
The same 2017 law also has four other sexual crimes against children:
Section 14 (physical sexual assault on a child, maximum 20-year jail term and whipping);
Section 15 (non-physical sexual assault on a child - including making a child exhibit parts of their body; punishable by maximum 10-year jail term or maximum RM20,000 fine or both);
Section 15A (sexual performance by a child - such as livestreaming or social media postings; maximum 20-year jail term and maximum RM50,000 fine);
Section 15B (sexual extortion of a child - such as threatening to share video or photograph of a child's body or private parts; maximum 10-year jail term).
I would like to see this section increased in sentencing. Sexual extortion, or, sextortion, is rapidly growing, there are even call centers devoted to this heinous crime. In Canada and the USA, children have committed suicide because of sextortion.
4. How can Malaysians keep their children safe online?
In a January report by Malay Mail, Bukit Aman’s Sexual, Women and Child Investigation Division’s (D11) principal assistant director Assistant Commissioner of Police Siti Kamsiah Hassan said child sexual offenders would use a fake identity online to target and befriend children on social media apps, dating apps and on online games, before grooming them online for sexual activities or to carry out other sexual crimes against them.
5. What to do if a child has experienced harm from sexual crimes?
According to non-governmental organisation Women's Centre for Change (WCC) Penang's online resources, a child who has been sexually abused should be given immediate medical attention at government hospitals and the case should be reported to the Social Welfare Department or to the police.
WCC Penang also recommends that the child should be protected from further abuse, and continue their daily routine and be given support and reassurance.
Recommended reading:
Protecting children in Malaysia: How they might fall prey to sexual crimes online (Part I)
Mapping Malaysia’s child sexual abuse cases: Why lower numbers doesn’t always mean better
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