Child pornography in cyberspace : an analysis of the laws in combating the crime in Asean countries

Abstract

Facilitated by the globalisation of information and communication technologies and the Internet, the crime of online child pornography (OCP) is an increasingly pervasive concern, and its negative implications and dimensions are profound in today’s society. It is a transnational illegal activity leading to the victimisation of children and provok-ing their re-victimisation each time materials of their abuse and exploitation are ac-cessed. With the steady increase of this heinous crime, it is significant that a legal combatant is created to overcome it effectively. There have been various research en-deavours examining the legal mechanisms related to OCP; however, a research avenue that is significantly lacking is the exploration of this mechanism in addressing the crime in the Association of South East Asian Nations (ASEAN). Thus, this thesis aims to critically explore the legal framework on OCP in the ASEAN region to identify the merits and demerits in the relevant laws. In order to achieve this aim, the thesis utilises a doctrinal approach to gather relevant data, which are analysed and the findings dis-closed. The thesis begins by exploring the proliferation of the crime to reveal its enor-mous scope. Then, the international mechanisms dealing with OCP are examined to discover appropriate approaches that can be used as a benchmark to embolden ASEAN’s national legal frameworks. Consequently, the current efficiency of the na-tional laws in the ASEAN countries in governing the crime is analysed. The main find-ing of this thesis is that OCP is becoming a prevalent problem in the region, and that several ASEAN countries have undertaken stringent measures to curb it, while others are taking steps to address the crime. The thesis also indicates several shortcomings in the existing legislation and further highlights that appropriate implementation of an anti-child pornography law can give productive results across the region. Based on the findings, suggestions to improve the efficiency of the legal framework in tackling OCP in the ASEAN region are proposed, primarily by advocating for a dynamic, le-gally binding regional treaty that includes a comprehensive list of substantive criminal laws pertaining to the exploitation and abuse of children in pornography, leading to the conclusion of this thesis.