KUALA LUMPUR, April 18 – The children’s commissioner of the Human Rights Commission of Malaysia (Suhakam), Farah Nini Dusuki, has expressed her disappointment over the low penalties imposed by the courts on two individuals arrested for possession of 50,000 files of obscene objects/child sexual abuse material (CSAM).
The two individuals pleaded guilty under Section 292 of the Penal Code and were fined RM3,000 and RM6,000 by the Petaling Jaya and Shah Alam Magistrates’ Courts, respectively.
“The penalties are grossly inadequate, especially in light of the efforts by the Royal Malaysia Police (PDRM) and the international cooperation from authorities in Singapore, Thailand, Hong Kong, Japan, and Korea,” said Farah in a statement.
“The minimal fines were just a slap on the wrist to the offenders who could easily afford to pay them, considering that they were professionals. The manifestly inadequate punishments made a mockery of the justice system.”
Section 292 of the Penal Code provides for imprisonment of up to three years, or a fine, or both.
Farah called on the Attorney General’s Chambers (AGC) to appeal against the fines and insist for the imposition of appropriate severe punishments that would have a deterrent effect on potential offenders.
She added that the two offenders should be charged under Section 10 of the Sexual Offences Against Children Act 2017 and called on the AGC to impress upon the court to impose sentences of a nature befitting the seriousness of the crimes committed.
Section 10 of the Sexual Offences Against Children Act 2017 provides imprisonment of not more than five years and a fine of not more than RM10,000, or both upon conviction.
Farah also said that she supported the PDRM’s recommendation for legislation requiring telcos and ISPs to retain subscriber data for at least two years.
“In the present case, as data was only retained for six months, the PDRM could not obtain information linked to the other 16 IP addresses and was only able to act on four, leading to current arrests.”
She stressed that lenient sentences will not serve the public interest and may give the unintended wrong impression that possession of obscene objects/CSAM is tolerable.
“Harsher penalties are imperative to convey the message that all such crimes, especially when committed against children, are heinous and should be punished accordingly.”
