Cyber Safety of Children in the Association of Southeast Asian Nations (ASEAN) Region: a Critical Review of Legal Frameworks and Policy Implications

• Published in: International journal on child maltreatment : research, policy and practice policy and practice, 2021, Vol.4 (4), p.375-400
• Main Author: Rahamathulla, Mubarak
• Format: Article
• Language: English
• Subjects: Alliances; Borders; Bullying; Child Abuse; Child pornography; Child Well-being; Children; Children & youth; COVID-19; Crime; Democracy; Economic growth; Economic Progress; Electronic Learning; Exploitation; GDP; Geopolitics; Gross Domestic Product; International law; Internet; Law enforcement; Legislation; Original Paper; Pandemics; Prompting; Regions; Safety; School closures; Sexual abuse; Sexual consent; Social Sciences; Sociopolitical factors; Tourism; Young Adults; Youth
• ISSN: 2524-5236; 2524-5244
• DOI: 10.1007/s42448-021-00087-5

The present study aimed to critically review the legal frameworks on cyber safety of children living in the member countries of the Association of Southeast Asian Nations (ASEAN) and related policy implications. Data for the present research were collected from secondary sources. The results revealed numerous inconsistencies among the ASEAN countries in legislation pertaining to the online safety of children. The present study argues that these inconsistencies could be used by criminals to easily exploit children. The study identified loopholes in legislation on age of consent, possession of child pornography, cyber bullying and sexual grooming of children. Indonesia, Laos, Malaysia, Myanmar, Singapore and Vietnam have no clear definition of the term child pornography, which means it may be possible for criminals to evade conviction for production, possession and distribution of child pornography. Legislation in Cambodia, Laos, Malaysia, Myanmar and Vietnam does not prohibit an individual from possessing child pornography. Only three ASEAN nations have a legal framework regarding child grooming for sexual purposes, while only two have policies regarding cyberbullying, and just three ASEAN nations have a formal global alliance with international law enforcement initiatives. Based on these findings, the study argues that the legal inconsistencies among ASEAN nations might result in cross-border sexual abuse and exploitation of children. Accordingly, it is suggested that countries in the ASEAN region need to urgently identify these legal inconsistencies and collaborate to improve the safety of their children in cyberspace.