PARLIAMENT | Several MPs voiced reservations over the proposed amendments to the Sexual Offences Against Children Act 2017, which was tabled for second reading in the Dewan Rakyat today, while still pledging support for the bill.
Earlier, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said (BN-Pengerang) tabled an amendment to Section 3 of the Act, which seeks to expand Malaysia’s extraterritorial jurisdiction to cover offenders who are permanent residents or ordinarily reside in Malaysia.
The expanded scope would also extend protection to child victims who are Malaysian citizens, permanent residents, or ordinarily reside in the country.
Currently, offences committed outside Malaysia can only be prosecuted under the Act if the perpetrator is a Malaysian citizen.
Tan Hong Pin (Harapan-Bakri), while urging support for the amendment, called on the government to narrow and clarify the definition of “ordinary residence” before the bill proceeds to its third reading.
Tan (above) said the proposal, which also takes citizenship into account, appears to exclude vulnerable groups such as refugees and undocumented children.
“The government should explain what will happen to these children if the Act is amended.”
Abd Ghani Ahmad (PN-Jerlun) also sought clarification on the effectiveness of the provision if it is passed and enforced.
He said that while the amendment is important, the government must explain whether sufficient inter-agency mechanisms exist - including law enforcement and digital forensic capabilities - to support investigations under the new framework.
He also questioned whether the provision would allow Malaysian authorities to act against predators operating from overseas.
“The amendment is not just to expand the territorial jurisdiction, but it is also to allow for stricter punishment so that Malaysian law can deal with sexual crimes against children in the country.
“However, the success of a law is not only on paper, but how far it can actually go to prevent crime.”
Abd Ghani also called for better coordination among government agencies handling child sexual offences to ensure cases are managed effectively.
Meanwhile, Radzi Jidin (PN-Putrajaya) urged MPs to avoid politicising the matter, stressing that the welfare of children should remain the priority.
He also called for more awareness programmes to educate children on safety issues, particularly in the digital space.
Radzi questioned the practicality of the proposed provisions, asking what would happen if police reports were lodged in both Malaysia and overseas against the same individual.
“What would happen then? Who would take action first? How would it proceed? These are the things that the government needs to refine and tell us.”
AI child abuse material
Apart from these concerns, several MPs also urged the government to explicitly address the prosecution of child sexual abuse material, including AI-generated content.
During the debate in the Dewan Rakyat, they warned that such material could be produced by offenders overseas, potentially affecting children in Malaysia.
Doris Sophia Brodi (GPS-Sri Aman) warned that swift action is needed as digital material can easily be erased.
“We must remember that every moment is important and critical, as evidence can be deleted.
“In addition, the police, Attorney-General’s Chambers (AGC), and the MCMC must have enough human resources and digital forensic experts to handle the possible increase in transnational cases, if we want this bill to be implemented effectively,” she said.
Earlier, Azalina said in tabling the bill that the amendments would allow the Act to be enforced in situations previously not covered under existing provisions.
She said the amendment sends a clear message that Malaysia will not tolerate any form of sexual exploitation of children.
“If you touch our children, you go. There is zero tolerance and no compromise for those who destroy the future of our children,” she added. - Mkini
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