Legal definitions
Generally, a “child” is defined as a person under the age of 18 years. For purposes of the Sexual Offenses Against Children Act 2017 (SOACA), this also includes a person who the accused believes to be under the age of 18 years. There are some provisions related to specific conduct that define a child to be under the age of 14 or 16 years.
“Child sexual abuse material (CSAM), “sexually explicit conduct,” and “grooming” are defined. The prohibition of CSAM is sufficiently broad to include computer-generated CSAM. “Child sexual exploitation,” “child sexual abuse, and “sextortion” are not defined, but related conduct and concepts are addressed by several laws.
Malaysia’s laws regarding the legal age of consent appear contradictory. There is no defined age of consent for sexual activity for males. For females, the age of consent for sexual intercourse is 16 years, but the SOACA provisions related to physical and non-physical sexual assault, grooming, etc., protect children under the age of 18 years.
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, detect, remove, or report online child sexual exploitation content.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services.
Legal remedies for child victims
Legal remedies for child victims are very limited. Malaysia’s Special Relief Act provides a means to access injunctions, protective orders, etc., but it is not yet known to have been used in CSAM cases. Civil remedies are also available, but the cost of litigation may be prohibitive. Upon conviction, an offender may be liable for court-ordered financial payments to a victim.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.