Cybercrime in ASEAN: Anti-Child Pornography Legislation

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Published Nov 1, 2020
DOI https://doi.org/10.15294/jils.v5i2.37931

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Robert Brian Smith
Walailak University
https://orcid.org/0000-0002-3369-1106

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 their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising 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 most of the jurisdictions have specific statutes or specific articles in their Criminal Codes concerning the crime of child pornography. They do not necessarily refer to cybercrime or computer-related crime. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper analyses the current status of harmonization of laws in ASEAN and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.

Article Details

How to Cite
Smith, R. B. (2020). Cybercrime in ASEAN: Anti-Child Pornography Legislation. Journal of Indonesian Legal Studies, 5(2), 277-294. https://doi.org/10.15294/jils.v5i2.37931
Issue
Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Section
Research Articles
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Author Biography

Robert Brian Smith, Walailak University

Dr. Robert Smith is an Australian international development specialist currently working on projects in Nepal and Cambodia. Most of his international experience is in South Asia and Southeast Asia. He is also an Academic Advisor at Walailak University in Nakhon Si Thammarat Thailand. In addition, he is currently an off-campus Master of Philosophy (Law) student at the University of New England in Armidale, Australia. His thesis topic is CybercrimeLlegislation in ASEAN: Cooperation and Harmonisation. He is an active researcher with his wife who is a Law Lecturer at Walailak University. His recent publications include B. Smith & N. N. Smith (2019) Investor-state dispute settlement and infrastructure projects: a potential impediment to good engineering and planning outcomes in Australia?, Australian Journal of Multi-Disciplinary Engineering, DOI: 10.1080/14488388.2019.1619503, Smith, Robert Brian; Smith, Nucharee Nuchkoom: & Smith, Darryl Robert (2015) “Recent Development of an Emission Trading Scheme in Thailand†in Ken'ichi Matsumoto & Anton Ming-Zhi Gao (Editors) Economic Instruments to Combat Climate Change in Asian Countries, pp 153-172. The Netherlands: Kluwer Law International, dan Smith, Robert Brian; Smith, Nucharee Nuchkoom: & Smith, Darryl Robert (2014) “FIT and its implementation in Thailand: Legal Measures, Implementation, Challenges, and Solutions†in Anton Ming-Zhi Gao & Chien Te Fan (Editors) Legal Issues of Renewable Energy in the Asia Region: Recent Development in a Post-Fukushima and Post-Kyoto Protocol Era, pp 127-146, The Netherlands: Kluwer Law International.

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