Monday, April 5, 2021
Robert Smith (Walailak University) has posted Cybercrime in ASEAN – Anti-Child Pornography Legislation ((2020). Journal of Indonesian Legal Studies, 5(2), 277-294) on SSRN. Here is the abstract:
Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at its 31st ASEAN Summit to prevent and tackle cybercrime including harmonizing their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterritorial reach of the legislation. It was found that some of the jurisdictions such as Brunei Darussalam, Indonesia and Malaysia have specific statutes about child pornography, others such as the Philippines have included it in comprehensive cybercrime legislation and others rely on existing legislation such as their Criminal Code or Telecommunications Act. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper describes the current status of harmonization of laws and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.