Protecting Children from Cybercrime: Legislative Responses in Asia to Fight Child Pornography, Online Grooming, and Cyberbullying

This joint report of the World Bank and the International Centre for Missing & Exploited Children provides an overview of 17 Asian countries' responses to online child abuse and exploitation, with a particular focus on activities related to child pornography (also known as "child abuse images"), online grooming (the intentional proposal, through information and communication technologies (ICTs), of an adult to meet a child who has not reached the age of sexual consent, for the purpose of engaging in sexual activities or producing child pornography), and cyberbullying. This regional study pays special attention to: (i) analysing legislative measures to address violence against children committed by, with, and through the use of ICTs in alignment with relevant international instruments; (ii) presenting examples of good practice in a legal enabling environment for child online protection at a national level in compliance with relevant international standards; and (iii) highlighting recommendations for strengthening the national legal framework to handle ICT-facilitated child abuse and exploitation in Brunei Darussalam, Cambodia, China, Democratic People's Republic of Korea, India, Indonesia, Japan, Lao People's Democratic Republic, Malaysia, Mongolia, Myanmar, Philippines, Republic of Korea, Singapore, Thailand, Timor-Leste, and Vietnam.

The study points to international legally binding instruments that are directly or indirectly related to online child abuse and exploitation and are used to analyse national legislative and regulatory responses to violence against children committed by, with, and through the use of ICTs. These tools include the: (i) Convention on the Rights of the Child; (ii) Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC); (iii) Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999; (iv) Convention on Cybercrime; and (v) Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.

All 17 analysed Asian countries are obliged to align their legislative, regulatory, or policy responses to violence against children in accordance with the relevant international tools, as they have acceded to or ratified the Convention on the Rights of the Child. Furthermore, international non-legally binding instruments pertinent to ICT-facilitated child abuse and exploitation include: (vi) Economic and Social Council Resolution 2011/33 on Prevention, protection and international cooperation against the use of new information technologies to abuse and/or exploit children; and (vii) Rio de Janeiro Pact to Prevent and Stop Sexual Exploitation of Children and Adolescents. These international non-legally binding instruments should also be considered to verify the progress made by individual countries' law, regulation, or policy to comply with relevant international standards.

In summary, among the 17 analysed Asian countries, the areas of law related to 3 major forms of online abuse and exploitation of children (a. activities related to child pornography, online grooming, and cyberbullying) still need to be developed in alignment with the international instruments. However, it is noted that, among the countries analysed, the legal systems of 5 countries (Brunei Darussalam, Japan, Philippines, Republic of Korea, and Singapore) to deal with violence against children through ICTs show favourable or moderate alignment with relevant international standards. Four countries (Brunei Darussalam, Japan, Republic of Korea, and Singapore) out of these 5 countries are classified as developed countries. The high level of economic development of these 4 countries is tied to the increased affordability and use of ICTs in those countries. The findings indicated that although countries with higher availability and accessibility of ICTs may suffer a greater risk associated with ICT-facilitated child abuse and exploitation, it may also lead to such countries adopting or amending legal measures to combat and prevent the use of the internet and associated technologies to commit violence against children.

Based on the research reported in detail here, it is recommended that the group of Asian countries improve legislative and regulatory responses to violence against children committed by, with, and through the use of ICTs:

• Provide a definition of child pornography in accordance with Article 2(c) of the OPSC;
• Enact new law and/or amend existing law to criminalise activities with specific regard to child pornography (including possession of child pornography without the intent to distribute), in compliance with Article 3(1)(c) of the OPSC, and ensure the implementation of new and/or amended law;
• Criminalise an act that aids or abets the commission of child pornography offenses, as well as an attempt to commit such offenses, in alignment with Article 3(2) of the OPSC;
• Fully comply with Article 3(3) of the OPSC by providing appropriate penalties for child pornography offenses;
• Take necessary measures to establish extraterritorial jurisdiction over child pornography offenses: (i) when the alleged offender is a national of the State; or (ii) when the victim is a national of the State, in line with Article 4(2) of the OPSC considering the transnational nature of ICT-facilitated child pornography offenses;
• Require internet service providers (ISPs) to: (i) report child pornography to law enforcement agencies or other relevant authorities upon obtaining knowledge of it on their own networks; and (ii) take measures to prevent further transmission of the discovered child pornography;
• Criminalise the use of ICTs to commit illicit activities related to child pornography, including downloading, viewing, and accessing child pornography;
• Criminalise advertising child sex tourism through the internet and associated technologies;
• Adopt legislation to criminalise online grooming;
• Introduce legislation regarding cyberbullying; and
• Raise awareness around the issue of sexting and develop legislation to combat and prevent sexting.