Appeal against fines for duo in child porn case, AGC urged

 

Four men, aged between 26 and 49, were arrested on March 20 for having more than 50,000 files containing material on child sexual abuse. (Reuters pic)

PETALING JAYA: 

Child rights activists have urged the Attorney-General’s Chambers to appeal against the RM3,000 and RM6,000 fines imposed on two men found in possession of child pornography.

Former Suhakam commissioner James Nayagam and Yayasan Chow Kit co-founder Hartini Zainudin said the fines amounted to merely a slap on the wrist, and the prosecution should press for the two offenders to serve a jail sentence.

Hartini also suggested a review of the charges, which were framed under the Penal Code for possession of obscene material.

The two man were among four who were found in possession of more than 50,000 files containing material on child sexual abuse which was obtained through social media.

“We must be clear—this is not pornography; this is criminal documentation of child rape and abuse,” she said. “The scale of the material found in their possession is not accidental. It reflects intent, addiction, and the perpetuation of harm.”

Hartini said the Sexual Offences Against Children Act provides for imprisonment of up to five years, or a maximum RM10,000 fine, or both for child pornography.

“The fines imposed amount to little more than a slap on the wrist and send a dangerous message: that the exploitation of children can be bought off cheaply,” she said.

“I believe the law must be applied fully and consistently if we are serious about protecting children from online predators,” Hartini told FMT.

Nayagam, of the Suriana Welfare Society, said jail time should be made mandatory for possession of child porn, a strong deterrent against such an offence.

He said a review of the relevant legal provisions was long overdue, and that political will was needed to resolve this. “Unless we send a message, it will continue.”

He pointed to the prominent case involving the late British paedophile Richard Huckle, who was slapped with 22 life sentences in the UK after pleading guilty to 71 offences against Malaysian children.

“He would have got off on a lighter sentence if he was convicted here. Our laws may be outdated compared with those of the UK. The question is when are we going to implement it?” he said.

“Otherwise, in the future, we’ll continue to have the cycle of a new minister, a new announcement (on plans to review the laws), but no progress,” he added.

On Friday, it was revealed that four men found in possession of more than 50,000 files of child sexual abuse material were arrested in a cross-border operation also involving the police in Singapore, Thailand, Hong Kong, Japan and Korea.

Bukit Aman said two of the men who pleaded guilty were separately slapped with a RM3,000 and RM6,000 fine. One of the men has another charge pending.

The charges under the Penal Code for possession of obscene material carry a maximum penalty of a three-year jail term, a fine, or both.

Hartini and Nayagam said the authorities must look to include mandatory psychological assessments and long-term counselling as well as rehabilitation for convicts.

Nayagam said those convicted of child pornography often had underlying psychological issues that jail time alone would not address.

The two activists also called for mandatory community service focused on prevention and rehabilitation, with regular screening and monitoring to ensure they do not reoffend, and registration on a sexual offenders database.

“There must also be restrictions on working or volunteering with children, and use of public digital platforms, where applicable. Honestly, what are we doing right now? It’s not enough. I don’t understand this lack of enforcement and protection. - FMT