KUALA LUMPUR – The creation and dissemination of artificial intelligence (AI)-generated child sexual abuse material (CSAM), even where no real child is involved, may still amount to a criminal offence under Malaysia’s existing laws, the Communications Ministry said.
In a written parliamentary reply to Bakri MP Tan Hong Pin’s oral question in the Dewan Rakyat, the ministry said the applicability of criminal provisions would depend on the relevant laws and the jurisdiction of the enforcement agencies involved.
“The creation of Child Sexual Abuse Material (CSAM) using artificial intelligence (AI), even where no real child victim is involved, may constitute a criminal offence under existing Malaysian laws, subject to the relevant legal provisions and the jurisdiction of the ministries and enforcement agencies concerned,” the ministry said.
It said the Malaysian Communications and Multimedia Commission (MCMC) regulates online content through the Communications and Multimedia Act 1998 (Act 588) and the Online Safety Act 2025 (Act 866), including efforts to curb the distribution of harmful material such as AI-generated CSAM.
The ministry added that AI-generated images or videos depicting the sexual exploitation or abuse of children may fall under Section 233 of the Communications and Multimedia Act 1998 if they are transmitted or distributed through communications networks or services, depending on the facts and circumstances of each case.
Under the Online Safety Act 2025, CSAM is categorised as priority harmful content, requiring licensed Application Service Providers (ASPs) and Content Application Service Providers (CASPs) to take immediate steps to prevent users from accessing such material.
“Licensed ASPs and licensed CASPs are responsible for taking proactive measures and acting promptly to make such content inaccessible to users through their respective services,” the ministry said.
The ministry said MCMC continues to carry out proactive monitoring and enforcement action against online content that violates existing laws.
Individuals convicted under Section 233 for transmitting obscene, indecent or grossly offensive content may face up to two years’ imprisonment, a fine of up to RM500,000, and an additional fine of RM5,000 for each day the offence continues after conviction.
Where such offences involve children, the penalties are increased to a maximum of five years’ imprisonment and a fine of up to RM500,000, along with the same daily additional fine. The offences are also classified as seizable, allowing enforcement authorities to arrest suspects without a warrant.
The ministry also highlighted the MCMC Child Protection Code, introduced under Section 18 of the Online Safety Act 2025, which requires licensed service providers to implement safeguards to protect children online.
Among the measures are mandatory age verification requirements, with users below 16 years old prohibited from registering for licensed social media services.
The ministry further said Parliament had passed the Sexual Offences Against Children (Amendment) Bill 2026 on June 30 to strengthen existing legal provisions, including by expanding extraterritorial jurisdiction to address cross-border sexual offences involving children.
The reply was issued in response to Tan’s question on whether AI-generated child sexual abuse content without a real victim constitutes a criminal offence, the number of investigations and prosecutions recorded between 2020 and 2026, and whether the government intended to amend existing laws to provide clearer legal provisions on AI-generated CSAM.
However, the ministry’s response did not provide the number of cases investigated or prosecuted between 2020 and 2026, despite the figures being requested in the parliamentary question. – July 11, 2026