Assoc Prof Dr.

Manique Cooray
Faculty of Law, MMU

(Week 5)
Tutorial 4

Question 1

Jerry is a free-lance journalist. He often frequents posh restaurants and night clubs in the hope of
hearing gossip about local film stars and other celebrities. Recently, he has written an article on the
“Posh Lives of Famous Film Personalities.” Most of the information for the article are obtained through
his friends and sources. The information is not verified. The same article is available online.

Discuss the possible offences he could be committing under the Communications and Multimedia Act
1998. Your answer must be supported by case law.

(Total: 25 marks)

Question 2

X was charged and convicted on various offences relating to child abuse and child pornography. X’s
paedophilic tendencies intensified shortly after his first encounter with child pornography in 2009.
From December 2011 to early September 2012, he exchanged child pornographic material and also
other illegal and harmful material with other Internet users by e-mail. The level of his involvement in
trading child pornographic material was such that it caught the attention of the United States Federal
Bureau of Investigation (“FBI”), who in turn informed the Malaysian Police.

Following the FBI’s tip-off, the Malaysian Police deployed an undercover police officer who interacted
with X from November 2013 to February 2014 using the nickname “Deo” to carry out investigations
against X. In the course of their interactions, X shared information on places to visit overseas to engage
in child abuse, and his experiences based on similar trips he had made in the past. X also offered to
organise a tour to some South East Asian countries for Deo to visit and accompany him if Deo would
pay for his return air ticket. After Deo transferred a sum of money to X, he purchased the air tickets
and contacted a local guide to bring them to brothels during their trip. The proposed trip never
materialised as X was arrested prior to the trip.

Among other offences under the Sexual Offences Against the Children Act 2017, X is also charged for
distributing illegal and harmful content online among local members.

It was also found out that he was involved in sharing pictures online which were obscene in nature and
uploading pictures which may be considered as pornographic among the Malaysian society.

Discuss the possible application of the Communications and Multimedia Act 1998 with reference to
various “tests” and any other relevant provisions in the Penal Code of Malaysia against X.

(Total: 25 marks)