In early April 2025, a serious incident involving the production and dissemination of deepfake pornographic content at Kulai Foon Yew High School, Johor, attracted national attention. A student was allegedly involved in the creation and distribution of explicit manipulated images featuring fellow students and alumni.
The term deepfake refers to media content including images, audio, or video, that is synthetically generated using artificial intelligence (AI) technologies and does not reflect real event [1].
According to reports submitted by one of the victims, the explicit materials were circulated and sold via a Telegram group comprising approximately 200 members. It is further alleged that the victims were publicly identified, resulting in humiliation and incidents amounting to sexual harassment in the school setting [2].
The student implicated has been formally charged under two statutory provisions: Section 292 of the Penal Code, which prohibits the sale, distribution, or public exhibition of obscene materials and Section 233 of the Communications and Multimedia Act 1998, which criminalizes the improper use of network facilities or services, including the dissemination of offensive or indecent content.
In view of the complaints filed by victims and alumni, the Royal Malaysia Police have commenced investigations to determine whether additional individuals were complicit in the offences and most importantly, the identity of the perpetrators.
The Sexual Offences Against Children Act 2017 (SOCA) (“the Act”) is of relevance as the matter involves minors. Under Section 5 of the Act [3], any individual who produces, creates, or directs child sexual abuse material is deemed to have committed an offence. The prescribed sentence is a minimum term of 30 years’ imprisonment and minimum six strokes of whipping once convicted.
Allegations have also been raised regarding the school administration’s failure to act expeditiously or to report the incident to the relevant authorities. If substantiated, such omissions may constitute an offence under Section 19 of the Act [3], which imposes a statutory duty to report any knowledge or information pertaining to an offence under the Act. A failure to discharge this duty may result in a fine not exceeding RM5,000 upon conviction.
Given the significant public attention surrounding this matter, it is crucial to underscore the legal responsibilities imposed on institutions and individuals in cases of potential child sexual abuse. The legal framework including SOCA, the Penal Code, and the Communications and Multimedia Act, provides robust mechanisms to protect minors and penalize those who exploit them.
However, the effectiveness of these provisions depends on prompt and proactive enforcement, as well as the vigilance of educators, administrators, and the broader community. Failure to uphold these responsibilities not only constitutes a legal breach but also undermines the welfare and dignity of vulnerable individuals.
[1] https://www.britannica.com/technology/deepfake
[2] https://says.com/my/news/malaysian-student-accused-selling-ai-generated-porn-schoolmates-photos
[3] Sexual Offences Against Children Act 2017
About the Author
Debbie Moo Jie Ying is a Pupil-in-Chambers of XK Law. She graduated from University of London. Debbie enjoys travelling and spending her time dancing away her stress during her leisure time.
Disclaimer: This post is not intended as a solicitation, is not legal advice, and is not a substitute for obtaining legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter
