RM800 fine for child porn? Hit them harder, says don

 

A 39-year-old trader pleaded guilty in a magistrates’ court recently to a charge of possessing child pornography.

PETALING JAYA: The government has been urged to introduce harsher punishments for the possession of child pornography.

A lecturer in criminology, P Sundramoorthy of Universiti Sains Malaysia, said a Klang magistrates’ court punishment on a trader for possession of child pornography did not fit the nature of the crime.

The 39-year-old trader had pleaded guilty to the charge under the Penal Code, which carries a maximum penalty of three years’ jail, a fine, or both. It was earlier reported that the case was being investigated under the Sexual Offences Against Children Act which carries a punishment of up to five years’ jail and a fine of up to RM10,000 or both.

“It is disappointing and frustrating that the magistrate let the perpetrator get away with a minimal fine despite the law allowing up to three years of imprisonment,” said Sundramoorthy.

He added that the court’s decision to let the perpetrator walk free with a fine was not only a gross injustice to the victim, but also a threat to society.

Sundramoorthy also said that it was vital to keep sexual offenders under strict police supervision since the country lacks resources to rehabilitate typical criminals.

“Long-term awareness and education will hopefully deter paedophiles but once they are caught, we cannot spare them,” he said.

Child rights activist James Nayagam said outdated laws and a lack of commitment in addressing child pornography in the country had led to repeat sexual offenders.

“Anyone can be charged but conviction and deterrence is what we should focus on. We must look at present cases, identify loopholes then draft new laws,” said Nayagam.

“I hope that the lawmakers and the government will look at this and strengthen laws to protect children.”

Meanwhile, PS The Children’s NGO vice-president Ezreen Rahman questioned the accused being charged under the Penal Code instead of the Sexual Offences Against Children Act.

Section 8 of the act provides mandatory punishment of imprisonment up to 15 years as well as whipping for obtaining, collecting and seeking child pornography.

“Our Federal Constitution has made it clear that when passing the act, it gave power to the attorney-general to prosecute as per its discretion,” said Ezreen. “The ball is in the public prosecutor’s court to answer the question of why? But we would just be shouting at a blank wall.” - FMT