The government has been asked to introduce tougher penalties for child pornography.
A criminology lecturer, P Sundramoorthy from Universiti Sains Malaysia, said the sentence handed down by the Klang Magistrate’s Court to the dealer for possessing child pornography did not fit the nature of the crime. The 39-year-old trader pleaded guilty to charges under the Penal Code, which carries a maximum sentence of three years in prison, a fine or two. It was previously reported that the matter is being investigated under the Sexual Offenses Against Children Act, which carries a penalty of up to five years in jail and a fine of up to RM10,000 or both. Sundramoorthy said, “It is disappointing and depressing that the judge gave the author a small sentence when the law allows for three years in prison.”
He added that the court’s decision to let the assailant go to sleep is not only an injustice to the person, but also a threat to the society. Sundramoorthy also said that it is important to keep sex offenders under strict police supervision because the country does not have the resources to rehabilitate criminals.
“Awareness and long-term education will hopefully prevent sex offenders, but once they are caught, we cannot forgive them,” he said. Child rights activist James Nayagam said the antiquated laws and lack of commitment to combating child pornography in the country has led to a resurgence of homosexuality.
“Anyone can be charged, but we need to focus on conviction and prevention. We need to look at the current issues, identify loopholes and write new laws,” said Nayagam.
“I think the legislature and the government will look into this and strengthen the law to protect children.”
Meanwhile, the vice president of NGO PS The Children, Ezreen Rahman, asked the accused to be charged under the Penal Code instead of Sexual Offenses against Children. Section 8 of the law states that obtaining, collecting and researching child pornography shall be punishable by up to 15 years imprisonment and whipping.
“Our Federal Constitution made it clear that when he made a law, he gave the attorney general the power to prosecute them,” Ezreen said. “The ball is in the court of the public prosecutor to answer the question of why? But we will be shouting at the white wall.
