CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP The Commission also finds that some of Malaysia’s existing mechanisms and practices in curbing child sexual exploitation are already in compliance with the OP. For example, tough measures are being taken by the enforcement agencies to eliminate child sex tourism activities. Criminalisation of child prostitution and child trafficking under the laws is a positive move by the Government in fulfilling its obligations under the CRC. (c) Optional Protocol to the CRC on the Involvement of Children in Armed Conflict In July, the Commission reiterated its support for the ratification of this OP at a meeting with the MWFCD. The Commission is of the view that there is nothing to prevent the Government from ratifying the OP, which would enhance implementation of the CRC in guaranteeing the rights of children. The Commission is pleased to see that the Ministries and Government agencies are engaging with one another in seeking ratification of both the Optional Protocols. (d) Child Sexual Exploitation and Child Pornography The Commission also emphasised the need for a law against child pornography, in its submission on the justifications for the ratification of the OP to the CRC on the Sale of Children, Child Prostitution and Child Pornography. The Commission recommended the incorporation of such provisions in the Child Act 2001 or the enactment of a separate piece of legislation on child pornography. The Commission notes the need for the Government to review the issues concerned from various angles, and hopes that the necessary steps will be taken to ensure that child pornography is outlawed. The Commission recommended that the law should include a concrete definition of ‘child pornography’. The act of exploiting a child in pornographic activities, disseminating (especially over the Internet) and possessing child pornographic materials, recording, selling and manufacturing of such materials and any other forms of involvement must be severely criminalised. The Commission’s recommendation is due to concerns over developments in technology which have enabled sex predators to victimise children over the Internet. The Commission is also deeply disturbed about the increase in the number of cases of child sexual exploitation and the use of children for the purpose of pornography. This matter is aggravated by the fact that child pornography is as yet an unrecognised and unknown crime in Malaysia, and the child victims are sometimes portrayed in the media as delinquents. 51