Unlawful Sumptuous Erotica

English: A man and a woman performing mutual o...
English: A man and a woman performing mutual oral sex in the 69 position. Deutsch: Mann und Frau beim beidseitigen Oralverkehr in der 69-Position. Português: um homem e uma mulher na posição 69. (Photo credit: Wikipedia)

Disclaimer: Mature content ahead.

I’ve written about the more fundamental philosophical aspects of the Sumptuous Erotica issue in my other blog but in this blog, I’d like to talk about specific legal issues that are the result of them publishing their sex acts online.

Obscene Content

According to S.211 of the Malaysian Communications and Multimedia Act (CMA):

(1) No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day or part of a day during which the offence is continued after conviction.

This section of the Act clearly applies to the issue of publishing obscene content on-line. In fact, this Law allows the government to even go after the service provider!

According to S.11 of the Singaporean Undesirable Publications Act:

Any person who —
(a) makes or reproduces, or makes or reproduces for the purposes of sale, supply, exhibition or distribution to any other person;
(b) imports or has in his possession for the purposes of sale, supply, exhibition or distribution to any other person; or
(c) sells, offers for sale, supplies, offers to supply, exhibits or distributes to any other person, any obscene publication (not being a prohibited publication) knowing or having reasonable cause to believe the publication to be obscene
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

According to S.29(1) of the Singaporean Films Act:

Any person who makes or reproduces any obscene film (whether or not for the purposes of exhibition or distribution to any other person), knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —
(a) to a fine of not less than $20,000 but not more than $40,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b) in the case of a second or subsequent conviction, to a fine of not less than $40,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

So, the punishment in both Malaysia and Singapore is similar for a similar offence of publishing obscene material – a decent fine and minor jail term.

Crime

If you look around, you will find that they had indeed engaged in oral sex, with publicly available evidence and admission of them doing it ala Chua Soi Lek.

According to S.377A of the Malaysian Penal Code (PC) states that:

Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.

S.377B of the Malaysian Penal Code further states the punishment:

Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

S.376(1) of the Singaporean Penal Code is worded differently in that:

Any man (A) who —
(a) penetrates, with A’s penis, the anus or mouth of another person (B); or
(b) causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,
shall be guilty of an offence if B did not consent to the penetration.

So, I sure hope that they did not commit the crime in Malaysia. Otherwise, they are in for a treat – jailed for up to 20 years and whipped.

Serious shit.

I hope that the two actors, Alvin Tan Jye Yee and Vivian Lee, sign up separate lawyers and stop talking to the press immediately.

Published by

Shawn Tan

Chip Doctor, Chartered Engineer, Entrepreneur, Law Graduate.

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