Reforming the Law on Online Child Sexual Abuse in Malaysia: Lessons from the United Kingdom

Prior to 2017, Malaysia lacked specific legislation addressing online or offline child sexual abuse, child pornography, and child sexual grooming. The turning point came after the horrific Richard Huckle case, where nearly two hundred children were groomed and sexually exploited from 2006 to 2014. This situation led to the enactment of the Sexual Offences Against Children Act (SOACA) 2017. Despite this significant step forward, the legal framework remained insufficient, and incidents of child sexual abuse continued to escalate alarmingly. However, in late March 2023, the Act underwent crucial amendments, introducing two new sexual offences and establishing a compensation order for child victims. Given the recent nature and lack of academic scrutiny on the revised 2023 Act, this paper critically analyses its reforms and overarching implications for victims of child sexual abuse. The paper employs a qualitative research methodology and utilises a doctrinal approach bolstered by a comparative and content analysis of the primary source: the amended 2023 Act with its counterpart in the United Kingdom. The authors assert that these amendments are a timely response to evolving societal challenges and technological advancements, offering essential protections for children against sexual exploitation and abuse. However, legislation alone is not enough. Robust resources must be allocated to ensure its effective implementation. Additionally, complementary initiatives in investigation, prosecution, legal aid, and judicial processes are vital to safeguarding children from sexual predators, both online and offline.