Malaysian Police Disband Child Exploitation Ring Involving Minors

Malaysian police have disbanded a group of schoolchildren involved in the sale of explicit photos, including a 12-year-old girl who operated a dedicated website for this purpose. Home Minister Saifuddin Nasution Ismail announced on August 20, 2023, that authorities are investigating the potential existence of a mastermind behind the group known as Geng Budak Sekolah, or School Kids Gang. Given the sensitive nature of the case, which involves minors, he emphasized the importance of handling it with extreme caution and adhering to proper legal procedures.

Saifuddin noted that any investigations concerning children must be conducted with care. “There are methods for handling cases involving children. Pictures cannot be shared, names cannot be mentioned, and so on,” he said, as reported by the national news agency Bernama. The case falls under the jurisdiction of the Criminal Investigation Department’s Women and Child Investigation Division.

The minister revealed that the 12-year-old and her four friends collaborated to sell images of “various parts of their bodies” on social media platforms. They reportedly created a WhatsApp group that had 762 members, which facilitated their activities. Some participants even chose to leave school, believing they could earn more than their parents through the sale of these explicit images.

Enforcement actions have been taken this year under the Sexual Offences Against Children Act 2017, coordinated with various agencies. Saifuddin was responding to a question in Parliament from Member of Parliament Sabri Azit, who inquired about the government’s initiatives to tackle increasing incidents of sexual misconduct, including concerns related to “swinger crimes” involving public servants and university students.

Reports from local media, such as The Star, revealed that a separate syndicate had previously organized group sex events for its 147,000 subscribers. This illicit group operated online, offering members opportunities to swap partners and participate in sexual activities at condominiums in the Klang Valley area.

Saifuddin explained that activities related to swingers are managed by the federal police’s Anti-Vice, Gambling and Secret Societies Division. In contrast, the case involving the minors is under the Women and Child Investigation Division. He highlighted concerns about the children’s future, stating, “When we act against minors, SUHAKAM will remind us that children cannot be tried in open court.”

The Child Act 2001 in Malaysia restricts the publication of any identifying information regarding children involved in legal proceedings, ensuring their privacy. A legal expert commented that while it is illegal for minors to take, possess, or distribute sexual images, investigations should consider the factors that led to such behavior, including potential exploitation or coercion.

“Sometimes, it is not in the best interest of the child to criminalize them for sharing sexual images of themselves, especially if they are above the age of criminal responsibility,” said Salim Bashir, former president of the Malaysian Bar. He suggested that parental supervision and rehabilitative counseling could serve as more effective responses than legal repercussions.

According to the Communications and Multimedia Act 1998, it is a criminal offense to post offensive content on social media. The Penal Code also stipulates that individuals can face up to three years in prison for distributing obscene materials. Additionally, charges can be brought under the Sexual Offences Against Children Act 2017 for grooming or sharing pornographic materials with minors.

The situation underscores a growing concern about the safety and well-being of children in the digital age, as authorities seek to balance enforcement with the need for compassionate and rehabilitative approaches to juvenile offenses.