Child pornography
In this Act—
(a) “child pornography” means any representation in whole or in part, whether visual, audio or written or the combination of visual, audio or written, by any means including but not limited to electronic, mechanical, digital, optical or magnetic means, or manually crafted, or the combination of any means—
(i) of a child engaged in sexually explicit conduct;
(ii) of a person appearing to be a child engaged in sexually explicit conduct;
(iii) of realistic or graphic images of a child engaged in sexually explicit conduct; or
(iv) of realistic or graphic images of a person appearing to be a child engaged in sexually explicit conduct; and
(b) “sexually explicit conduct” includes actual or simulated of the following:
(i) sexual intercourse, or lewd acts including physical contact involving genital to genital, oral to genital, anal to genital, or oral to anal, between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse in a sexual context;
(v) exhibition for sexual purpose of the genital, buttock, breast, pubic area or anus; and
(vi) use of any object or instrument for lewd acts.
Making, producing, directing the making or production of, etc., child pornography
Any person who makes, produces, directs the making or production of, or participates, engages or is involved, in any way, in the making, production or the directing of the making or production of, any child pornography commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding thirty years and shall also be punished with whipping of not less than six strokes.
ILLUSTRATIONS
(a) A, an actor approaches Z, a film producer so that A can act in one of Z’s film. Z offers A to act in child pornography and A agrees to do so. A acts in that child pornography. A is guilty of an offence under this section by participating in the production of child pornography.
(b) A is a director of child pornography. A hires Z, an art director to oversee the artistic aspects of A’s direction of child pornography. Z does as required of him by A. Z is guilty of an offence under this section by participating in the directing of the making of child pornography.
Making preparation to make, produce or direct the making or production of child pornography
Any person who makes any preparation to make, produce or direct the making or production of any child pornography commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years and shall also be liable to whipping.
Using a child in making, producing, directing the making or production of, etc., child pornography
Any person who uses or causes to be used a child in the preparation to make or produce, or in the preparation to direct the making or production of, or in the making or production of, or in the directing of the making or production of, any child pornography commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years and shall also be punished with whipping of not less than five strokes.
Explanation—This section does not apply where the preparation to make or produce or the preparation to direct the making or production of child pornography or where the making or production or the directing of the making or production of child pornography uses or causes to be used a person appearing to be a child.
ILLUSTRATIONS
(a) A entices Z, a child through a fake singing competition advertisement and uses Z in making child pornography. A is guilty of an offence under this section by using a child in the making of child pornography. A is also guilty of an offence under section 5 by making child pornography.
(b) A offers his six-year-old daughter Z, to B for Z to act in child pornography for a certain amount of money. Z acts in child pornography that B produces. A is guilty of an offence under this section by causing Z, a child to be used in the production of child pornography. B is guilty of an offence under this section by using Z, a child, in the production of child pornography and under section 5 by producing child pornography.
Exchanging, publishing, etc., child pornography
Any person who—
(a) exchanges, publishes, prints, reproduces, sells, lets for hire, distributes, exhibits, advertises, transmits, promotes, imports, exports, conveys, offers or makes available, in any manner, any child pornography;
(b) obtains, collects or seeks any child pornography; or
(c) participates in or receives profits from any business that he knows or has reason to believe is related to any child pornography,
commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years and shall also be punished with whipping of not less than three strokes.
ILLUSTRATIONS
(a) A is an administrator of a website showing child pornography. A is guilty of an offence under this section by making available child pornography online.
(b) A carries on a logistic services business and manages the transportation and storage of publication material owned by Z’s company. Z’s publication material includes child pornography. Z reveals such information to A and makes profit sharing plan with A in relation to the sale of the child pornography with a condition that A continues to perform the logistic services for Z. A accepts Z’s offer. A is guilty of an offence under this section by receiving profits from a business that he knows or has reason to believe is related to child pornography.
Selling, etc., child pornography to a child
Any person who sells, lets for hire, distributes, exhibits, advertises, transmits, promotes, conveys, offers or makes available, in any manner, any child pornography to a child commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years and shall also be punished with whipping of not less than five strokes.
Accessing, etc., child pornography
Any person who accesses, or has in his possession or control, any child pornography commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both.
Explanation—A person is said to access child pornography if he knowingly causes child pornography to be viewed by, or transmitted to, himself.
ILLUSTRATIONS
(a) A receives an e-mail from an unknown sender with an untitled attachment. A opens the attachment without knowing that the attachment contains child pornography. Upon viewing the content of the attachment, A immediately deletes the e-mail from his e-mail account. A is not guilty of an offence under this section.
(b) A receives an e-mail from an unknown sender with an untitled attachment. A opens the attachment without knowing that the attachment contains child pornography. Upon viewing the content of the attachment and despite knowing that the attachment contains child pornography, A continuously views the child pornography. A is guilty of an offence under this section.
(c) A uses B’s computer and discovers a document containing child pornography stored in the computer’s hard disk. A transmits the said documents into his pen drive and keeps the pen drive in his office. A is guilty of an offence under this section.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
