8
Laws of Malaysia
Act 792
Making preparation to make, produce or direct the making
or production of child pornography
6. Any person who makes any preparation to make, produce
or direct the making or production of any child pornography
commits an offence and shall, on conviction, be punished with
imprisonment for a term not exceeding ten years and shall also
be liable to whipping.
Using a child in making, producing, directing the making or
production of, etc., child pornography
7. Any person who uses or causes to be used a child in the
preparation to make or produce, or in the preparation to direct
the making or production of, or in the making or production of,
or in the directing of the making or production of, any child
pornography commits an offence and shall, on conviction, be
punished with imprisonment for a term not exceeding twenty
years and shall also be punished with whipping of not less than
five strokes.
Explanation—This section does not apply where the preparation to make
or produce or the preparation to direct the making or production of child
pornography or where the making or production or the directing of the
making or production of child pornography uses or causes to be used a
person appearing to be a child.
ILLUSTRATIONS
(a)
A entices Z, a child through a fake singing competition advertisement
and uses Z in making child pornography. A is guilty of an offence
under this section by using a child in the making of child pornography.
A is also guilty of an offence under section 5 by making child
pornography.
(b)
A offers his six-year-old daughter Z, to B for Z to act in child
pornography for a certain amount of money. Z acts in child
pornography that B produces. A is guilty of an offence under this
section by causing Z, a child to be used in the production of child
pornography. B is guilty of an offence under this section by using Z,
a child, in the production of child pornography and under section 5
by producing child pornography.