ii. Section 233 of the Communication and Multimedia Act 1998 which deals with the making, creating and transmitting of obscene materials via the internet; and iii. Section 5 of the Film Censorship Act 2002 which deals with the possession of child pornography in the form of obscene films. Therefore, the Commission suggests that in line with the power of the Minister under section 26 of the SOACA 2017, the above-mentioned provisions are included in the Schedule. In addition, any other relevant laws should also be included in the Schedule to the extent that they are relevant to the provisions of the SOACA 2017 to give a clear indication of the extent and scope of the SOACA 2017, and to ensure that all the relevant laws relating to sexual crimes against children in Malaysia are harmonised. 4. PREVENTIVE DETENTION On 3 April 2017, the 28-day preventive detention provision by the police as prescribed under section 4(5) of the Security Offences (Special Measures) Act 2012 (SOSMA) was extended for a further 5 years pursuant to a review of the sunset clause under section 4(11) of the SOSMA. The sunset clause made it compulsory for Parliament to review the discretionary power granted under section 4(5) of the SOSMA. Section 4(11) of the SOSMA states that “Subsection (5) shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Houses of Parliament to extend the operation of the provision”. This sunset clause was specifically highlighted in Parliament at the second reading of the Bill as one of the safeguards intended by the government for SOSMA. The Commission would like to emphasise that an appropriate balance must be struck between, on the one hand, the need to protect the nation from security threats, and on the other hand, the maintenance of fundamental human rights and freedoms. These two considerations should be accepted to naturally reinforce one another; security without check and balances can erode human rights; and likewise, absolute human rights can put national security at risk. Therefore, any legislation that departs from human rights principles must allow itself to be examined periodically to provide satisfactory safeguards. 20 S UH A KA M A N N UA L R E P O R T 2 0 1 7