THE Sexual Offences Against Children (Amendment) Bill 2023, which aims to provide clearer and comprehensive protection for children, was tabled for the first time in Dewan Rakyat today by Law and Institutional Reform Minister Azalina Othman Said. 

The bill, among other things, provides a prison sentence of not more than 20 years and a fine of up to RM50,000 for offences involving sexual performances by children. 

The offences include making or causing children to perform sexual acts; participating, either as a participant or spectator in a sexual performance; advertising, promoting, or facilitating sexual performances; and receiving any benefit, including money, from the sexual performances. 

The bill defines “sexual performance” as any overt sexual act performed in front of one or more viewers, including recordings or transmissions in whole or in part, by any means including electronic, mechanical, digital, optical or magnetic, or a combination of any one of them.  

Apart from that, for matters involving sexual extortion of children such as threats to perform sexual activities, the individuals concerned could be sentenced to a prison term not exceeding 10 years if convicted. 

The bill also states the payment of compensation to child victims would be determined by the court based on injuries suffered by them. 

Azalina also tabled the Evidence of Child Witness (Amendment) Bill 2023, which aims to improve the protection of child witnesses by increasing the age of child witnesses from 16 years to 18 years. 

It aims to include a provision that allows the court to prohibit any inappropriate question to child witnesses during special hearings such as those that are misleading or confusing, insulting, intimidating, humiliating, disturbing, annoying, offensive, oppressive, or unnecessarily repetitive.

In a separate statement, Azalina said the amendment to the two acts was a first-phase effort related to sexual crimes against children following engagement sessions with various stakeholders. 

She said the sessions aimed to get input and discuss the direction of the policy, and considered the parameters of amendments related to sexual crimes against children. 

“The Sexual Offences Against Children Act 2017 (Act 792), which has been in force since July 10, 2017, has been found to have several gaps and challenges, which need to be studied and revised to ensure a smoother implementation, so that the purpose of the act can be achieved. 

“The Evidence of Child Witness Act 2007 (Act 676), which provides for matters related to child witness testimony, has been in force since 2007, and has not been amended for 16 years. Now it is appropriate to amend it in line with current developments,” she said. 

Among the proposed amendments was the replacement of terminology in line with current global best practice. It was proposed that the term ‘child pornography’ be replaced with ‘child sexual abuse material’ in Act 792. 

The proposed second phase amendment regarding the authority of child witnesses, and the repeal of the legal requirement regarding supporting evidence for child witnesses, is expected to be implemented at the next parliament session, after an engagement session with the Malaysian Bar Council, she said. 

“It is hoped that the proposed amendments to Act 792 and Act 676 will receive the strong support of all members of parliament, senators, and the public, as well as cooperation from the authorities, so that the amendments made can be implemented effectively and sexual crimes against children in Malaysia are eradicated,” she said. – Bernama, March 27, 2023.