Introduction
Prostitution and the sex industry is a very taboo subject in any conservative Islamic leaning countries, especially Malaysia. However, the flesh trade is thriving here despite being illegal.
According to the Havocscope (a sort of Consumer Report for the underworld), it is estimated that Malaysia’s illegal prostitution industry is worth a staggering RM3.2billion.
Mind you, this is more than the budget allocated to build, maintain, and refurbish the quarters for civil servants, teachers, hospitals, policemen, soldiers, and firemen.
It is common to hear stories about prostitutions being out in the open in the streets of Kuala Lumpur where massage parlours and brothels can be all found around in this area.
In the modern digital era, technology breeds innovation.
Social media platforms like X (formerly Twitter) have become integral parts of our daily lives. From daily news, entertainment, sports updates, and even gossips about strangers that we don’t know about.
However, amongst these normal content, there exists a darker side of content in the form of sexual content or pornography. This is the phenomenon of dark side X accounts in Malaysia.
Understanding Dark Side Accounts / Community
Dark side X accounts, or commonly known as DS accounts, operate under the guise of anonymity or an individual’s alter ego.
These accounts provide a platform for them to express themselves freely, often sharing sexual content or pornography without concern for legal or ethical boundaries. In other words, this is how they show their darker side.
Don’t be surprised. Despite their hidden nature, these individuals form their own communities where they connect and interact. After all, they are still social creatures.
From a business perspective, these dark side accounts serves as a gateway to more personal platforms such as Telegram, where these individuals may offer intimate or sexual services for a hefty profit.
Unlike traditional prostitution, where these individuals are often forced and exploited, those behind dark side accounts typically lead normal lives, with normal jobs, families, and hobbies. Some are husbands, wives, individual with multiple partners, or even couples who are involved in swingers’ activities.
However, they willingly engage in the sale of sexual services, leveraging the willing buyer-willing seller dynamic to their advantage.
The economic incentives driving them to participate in these activities highlight the complex interplay between personal motivations and economic factors within the dark side community.
As authorities grapple with the legal and ethical implications of these platforms, it becomes increasingly important to consider the cultural attitudes and societal norms that shape perceptions of sexuality and online behaviour.
Addressing the challenges posed by the dark side accounts requires a multifaceted approach that balances individual rights with societal welfare and fosters a safer and more inclusive digital environment for all.
Legal Framework and Application in Malaysia
In Malaysia, there exists laws pertaining to the possession and distribution of sexual content as well as laws to prevent the exploitation of people for prostitution purposes. Ultimately, these laws are intended to uphold societal values and protect individuals, particularly minors, from exposure to harmful pornographic material.
The Communications and Multimedia Act 1998 (CMA) serves as the primary legislation governing online activities, including the dissemination of pornographic material.
- Section 233 of the CMA prohibits the transmission of offensive, menacing, or false content with the intent to annoy, abuse, threaten, or harass any person.
Additionally, the Penal Code contains provisions addressing various offenses related to sexual content, including Section 292 of the Penal Code on the sale, distribution, or public exhibition of obscene objects.
The Malaysian courts’ liberal interpretation of “obscene objects” can range from books, DVDs, and video footage.
Under this provision, individuals found guilty of producing, possessing, or disseminating pornographic material may face fines and imprisonment.
Another provision that has been recently applied is Section 372 of the Penal Code.
Recent action by law enforcement
On 26th January 2024, the suspect, a father of three, infamously known as “Hot Daddy”, and his two girlfriends who have been charged for offering and advertising sexual services on X as well as Telegram.
Section 372 of the Penal Code addresses the offense of selling or letting to hire a person for the purpose of prostitution.
If found guilty under this section, they shall be punished with imprisonment which may extend to fifteen years and with whipping, and shall also be liable to fine.
This is the first time in Malaysia that multiple individuals have been charged under this section.
The Bukit Aman Criminal Investigation Department (CID) director, Datuk Seri Mohd Shuhaily Mohd Zain has revealed that the suspect was identified after investigations by the CID on recorded sexual activities on Telegram that was promoted by himself for sale.
The suspect has also allegedly advertised and invited customers to subscribe to his Telegram channel where the suspect had 2,051 subscribers for a package of 200 videos with a payment of RM100 and 622 subscribers for a RM20 per month package for 13 videos.
The next hearing for this case was set to be heard on 28th February 2024. We will eventually see how the law is applied to address this issue and whether or not Malaysian law is comprehensive enough to combat a rampant issue that plagues a corner of the Malaysian digital space.
Implications for Users
For individuals who encounter dark side X accounts or come into possession of explicit material, it is essential to understand the legal implications and potential consequences.
Merely viewing or sharing such content, even inadvertently, can constitute a violation of Malaysian law and result in severe penalties.
Moreover, engaging with dark side accounts perpetuates the cycle of exploitation and may inadvertently support criminal activities.
Reporting Illegal Content
In combating the proliferation of dark side X accounts and illegal content, proactive measures such as reporting and flagging suspicious accounts play a crucial role.
Twitter provides users with mechanisms to report inappropriate or abusive content, including sexual material, for review and removal.
By promptly reporting violations to the platform administrators or relevant authorities, individuals contribute to maintaining a safer online environment and upholding legal standards.
Legal Obligations for Platform Owners
While users bear responsibility for their actions online, platform owners such as X also have legal obligations to monitor and regulate content on their platforms.
Under Malaysian law, social media companies must comply with regulations governing the dissemination of illegal or offensive material and implement measures to prevent their platforms from being used for illicit purposes.
Failure to fulfil these obligations may result in legal repercussions for the platform owners.
Conclusion
In conclusion, dark side X accounts that share sexual content or pornography raise significant legal and ethical concerns in Malaysia.
Understanding the legal framework governing the possession and distribution of such material is essential for users to navigate the digital landscape responsibly.
By adhering to legal guidelines, reporting illegal content, and promoting accountability among platform owners, individuals can contribute to creating a safer and more secure online environment for all.
