Industry approaches in handling online exploitation of children: A comparative study of the policy, guidelines and best practices in Malaysia, Singapore and Australia

Figures & data

Figure 1. Kemp S, “Digital 2022: Malaysia – DataReportal – Global Digital Insights” (DataReportalfebruary 15, 2022) https://datareportal.com/reports/digital-2022-malaysia#:~:text=Internet%20use%20in%20Malaysia%20in%202022&text=Malaysia’s%20internet%20penetration%20rate%20stood,percent.

Table 1. Differences and the strengths of the legal frameworks in Malaysia, Australia and Singapore

Country	Malaysia	Singapore	Australia
Self-Regulation	Industry self-regulation	Mandatory adoption of codes	Mandatory to follow the industry codes as per Online Safety Act 2021
Classification of Content	Content Code 2022 classifies the items into 9 categories with Part 2 highlighting that ‘Offensive material’ which is subjective by nature, but it is guided by the reasonable person’s view of whether content would be offensive	Section 45D defines what amounts to “egregious content” which refers to content within that section, including terrorism, child exploitation, child nudity, content that advocates for self-harm and the like	Australia implemented a comprehensive classification of Class 1 and Class 2 contents. In Australia, the classification system discussed above assists in determining the material that is or is likely to be refused classification under the National Classification Scheme
Authority	MCMC	IMDA	e Safety Commissioner
Court involvement	Section 17: CMA ‘98: Minister may appoint a High court Judge. Section 23A: Enforcement of decision of Appeal Tribunal is the same as a High court Judge	Section 58: Broadcasting Act refers to the appointment ofa District and reference to Magistrate Courts	Division 9 Online Safety Act 2021, e Safety Commissioner may apply to Federal Court of Australia for orders
Notice and Takedown Procedures	Content Code outlines those who have to be responsible in vetting content before publishing (IASP,OCH and the like) but does not cover all	Example Section 45L(4)(c)(ii), report to authority as requested on measures to protect Singapore End-Users. Requiring active communication with authority on their measures	Industry Codes under Division 7 of Online Safety Act 2021, will be an industry-wide code that will ensure the responsibilities and active measures by the industry involved persons, organizations or bodies to take active steps to prevent dangerous material
Investigation	CMA ‘98 Part V Chapter 4, Part X Chapter 3. Chairman determines need for investigation	IMDA Act Section 70 inspecting officers have power to investigate	Part 3 of Online Safety Act 2021 provides powers of investigation
Warrant	Section 247 CMA ‘98 Magistrate may issue a warrant authorising any police officer not below the rank of Inspector, or any authorised officer named in it, to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force, and there to search for and seize any such evidence or thing Section 246 CMA ‘98: for an arrest that is related to an offence under the Act or subsidiary legislation and the authroised officer may exercise special powers in relation to police investigations in seizable cases given by the Criminal Procedure Code	IMDA Act Section 71 states about warrant, the procedures for seizure that can only be exercised by an inspecting officer. Allows officer to exercise reasonable force, search and seizure Inspecting officer is defined under Section 42	Section 240 Online Safety Act provides the following: create offence or civil penalty, powers of arrest, detention, search or seizure, impose tax, set amount to be appropriated from Consolidated Revenue Fund^85