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Gross Miscarriage Of Justice When Child Pornography Offenders Let Off With Paltry Fines

“The judiciary’s decision to treat this vile offense with a slap-on-the-wrist fine sets a horrifying precedent that Malaysia is soft on sexual crimes against children,” said Pamela Yong, MCA Sabah Wanita chairwoman. She added that the country might as well hang a sign at its borders that says: ‘Welcome to Malaysia – A Haven for Child Pornographers’.

Fingers tapping on a keyboard. Photo by Yan Krukov from Pexels.

KUALA LUMPUR, April 9 – Pamela Yong, MCA Sabah Wanita chairwoman, has called out the Malaysian judiciary for the lenient sentences imposed on offenders caught in possession of child pornography materials.

In a statement, she cited recent cases including a man who was fined last month with only RM6,000 and no jail time after secretly recording his 15-year-old stepdaughter while showering — not once, but 18 times. Yong pointed out that the fines worked out to approximately RM333 per recording.

She also mentioned the case of two individuals who were fined RM3,000 and RM6,000 respectively this month, also with no jail time, for possessing over 50,000 files containing child sexual abuse materials. Yong said the fine worked out to about 6 to 12 cents per file.

All three cases were charged under the Sexual Offences Against Children Act, which allows for up to five years in prison or a maximum fine of RM10,000, or both upon conviction.

Yong said the verdict was insulting to victims and survivors of child exploitation and represents a gross miscarriage of justice.

“Child pornography is not merely obscene content, it is evidence of a crime. It is the digital imprint of a child’s suffering, the currency of paedophiles, and a despicable violation of innocence,” she said. 

“The judiciary’s decision to treat this vile offense with a slap-on-the-wrist fine sets a horrifying precedent that Malaysia is soft on sexual crimes against children.

Yong added that the country might as well hang a sign at its borders that says: Welcome to Malaysia – A Haven for Child Pornographers.

“The fact that the charges were framed under the Penal Code for ‘possession of obscene material’ rather than under far more appropriate and serious legal provisions is a glaring indictment of systemic failure.”

She said that laws exist not merely to punish, but to protect the vulnerable. “When prosecutors dilute charges, and when courts trivialise crimes against children, justice is not only denied, it is desecrated.”

Bureaucratic Inertia Shield Predators From Real Accountability

In her statement, Yong demanded that the attorney-general’s chambers immediately file an appeal against the grossly inadequate sentences and push for mandatory custodial punishment that reflects the severity of the crime.

She also demanded that a full review and strengthening of existing laws relating to child sexual abuse materials must be undertaken, including mandatory jail terms and caning for possession, dissemination, and production.

Finally, Yong said all policymakers must show political will to prioritise child protection, instead of allowing bureaucratic inertia to shield predators from real accountability.

“Let this be a turning point. Let the courts and AG Chambers be reminded that their role is not only to interpret law but to serve justice. And justice demands that we place the rights, safety, and dignity of children above all else,” she said.

“If we continue down this path of leniency and legal ambiguity, we risk allowing our nation to become a silent accomplice in one of the most heinous crimes of our time.”

Child Pornography Cases Up By 119.35% From 2020 to 2024

In February this year, Ova reported that the number of child pornography cases in the country has risen by 119.35 per cent from 2020 to 2024, according to Home Minister Saifuddin Nasution’s parliamentary reply to the Dewan Rakyat. 

Between 2020 to 2024, the Royal Malaysian Police (PDRM) conducted investigations on 238 cases related to the production, possession and dissemination of child pornographic materials under Section 5 to Section 10 of the Sexual Offences Against Children Act 2017. 

Earlier this year, three men who were charged with possessing child pornography were also let off with mere fines of RM,5000.

Two of the men pleaded guilty in the Johor Baru courts – one for having having 2,172 photographs and 400 videos of sexual abuse against children, while another with having 211 photos depicting sexual abuse against children on a laptop.

The third person who got off with just a fine was the administrator of a Facebook group named Group Budak-Budak Sekolah (School Children Group) where its members could post child sexual abuse materials (CSAM), and obscene images and videos of children were shared.

All the offenders were charged under Section 10 of the Sexual Offences Against Children Act 2017, which provides imprisonment of not more than five years and a fine of not more than RM10,000, or both upon conviction. 

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