Written by: Averroes
Definition
As we all know, Malaysia since centuries is a predominantly conservative society, stretching to every strata. Culturally, Malaysians emphasises on communal aspects of honour, dignity and cachet, prevalent throughout other Asian customs and traditions. When the topic of sugar daddy and sugar baby arises, it would alarm our society and cause an upheaval.
The concept of Sugar daddy and sugar baby could be defined in the following, that is a financially able and older man are consociated with younger woman, for the pleasures of physical and mental company. It could be in a flirtatious, sexual or close intimate relationship. This relationship is not permanent as the sole purpose is nothing mere, but non-serious, yet for the sake of entertainment and the to fulfil one's personal desires. Though, this interpretation may depend on another person's perspective.
It is acceptable by other groups of communities as it does not necessarily imply sexual lust or gratification, rather as of a romantic bond that is consensual and as a method to accumulate money from older, well-financed men to continue with their lives. Services provided as these are done professionally and both parties receive mutual benefits.
The Surge of Sugar Daddy Activities
Every person in dire need of financial and economic aid would resort to various means in order to sustain themselves, despite it being contrary to the general expectations of society. In lieu of that phrase, regardless if one person were to commit a crime for a greater cause or good, this would not vindicate or condone their actions, as the repercussions is sever for the safety and harmony of society.
As stated before, morality and public expectations differ by individuals based on their beliefs and origins. The issue of Sugarbook has to be discussed thoroughly. Especially during this covid-19 Movement Control Order (MCO), many university students invest in Sugar Daddy industries to support themselves in their respective tertiary institutions. The high cost of living and tuition fees poses a burden for them.
According to Sugarbook, there was a 40% increase of students registering as sugar babies since January this year, with a staggering 12,705 students from 10 universities across the Klang Valley, inclusively of two public universities.
Facts of Issue
Without a flinch, recently the Malaysian Royal Police arrested the founder of an online platform (Sugarbook) addressed for the needs of sugar daddy and baby in their dating business. Darren Chan, the founder was 34-years-old as stated by the Selangor Criminal Investigation Department Chief, Fadzil Ahmat. The man originated from Gelugor, Penang and arrested at his condominium in Mont Kiara as of 18th February, 2021.
The man was to be sent to the Shah Alam Court for a remand and in the inception of their investigations, discovered that the man had conceded to be the founder. The reason for the arrest was to investigate if there were any foul elements, including if there were any statements published related to the intention of perturbing the peace of the public, circulating offensive or disparaging remarks and endorsing prostitution, by the founder.
Though, the application for remand failed as the founder complied to cooperate with the authorities and information was already accessible, he was arrested again the same day that afternoon, citing another reason was to investigate into allegations of rape and prostitution, involving a university student, which pre-dates to 19th February 2019. Additionally, it was reported to have stirred investigations when 10 Malaysian universities, both public and private were listed among the highest consumers of Sugarbook.
The High Court judge, Datuk Noordin Badaruddin granted the order from the state lead prosecutor applying for a review. The founder's lawyer, T. Shashi Devan, appeased to the court for basic necessities including new clothes and leeway are given to his client, since his shoulders were dislocated years prior from handcuffs behind his back, damaging his nervous system and leg pain. The judge acceded, given only when the handcuffs are necessary.
Other measures were taken, where the Malaysian Communications and Multimedia Commission (MCMC) banned access to Sugarbook, for violating laws on the internet for improper use. Section 233 of the Communications and Multimedia Act 1998 was imposed as for the offence of operating Sugarbook. Though, the actions taken were cogitated to be futile since the developers of Sugarbook established alternative websites since the ban.
Though, accessing the new website as according to A+M with the new url that is Sucrebook displays the 404 server error, which could be described as that the resource could have been removed, have its name changed or temporarily unavailable.
MCMC asserted that such dating websites such as Sugarbook, would provoke more issues as it is a nest for love scams, sexual harassment and that users are susceptible to cyber attacks, not limited to malware, spyware and personal data theft. If a person were to access the website, MCMC had already banned it with a notification.
Sections 372 and 372B of the Penal Code is inserted for the investigations of exploitation and the soliciting of prostitution. The former provision is grounded on offences of exploitation for activities of prostitution, collectively are the promotion, employing, harboring and the confinement of persons. The latter provision entails upon the solicitation of prostitution. Sources differ on the provisions for the accused offence, section 376 of the Penal Code was also raised for rape.
Lastly, section 505(b) of the Penal Code was also issued as it had been speculated to have been impinged.
Legal conundrum
A group of lawyers had commented on the action taken to curb the expansion of Sugarbook and Sugar daddy-baby activities online. They concurred that, since Malaysia is a conservative and practices Asiatic and religious conventions, morality and law should not be confused as they are two different entities. Though, this in turn could be retaliated with other arguments, there are certain views that we should take into consideration.
For those shedding a different hue on Sugar daddy services, they provide the interpretation of such services does not amount to the solicitation of prostitution and that if such services included sexual connotations, then if consensual would not breach any legal provisions. Morality is not codified in statutes, unless by Parliament's legislative powers, it is conceivable as in the Federal Court case of Letitia Boseman v Public Prosecutor.
Trading in financial means for company, despite it morally perceived wrong is not a criminal offence, even from the surface is deemed to be illegal. The academic director of Advance Tertiary College's Daniel Abishegam, lawyers Fahri Azzat and Rajsuran Pillai agreed on such position.
For the solicitation of prostitution (section 372B of the Penal Code), they commented that it would be the authorities to prove if there is an unvetted market for prostitution. The interpretation of Sugar daddy services are for conviviality and perhaps courting, though influences of prostitution is still required to be proven. If Sugarbook is indeed a medium for prostitution, the court would have to decide based on the facts and precedents, the prosecution would have to prove beyond reasonable doubt.
Even under section 505(b) of the Penal Code, two elements are required which are;
(i) The actual unrest, fear and alarm to the public from the alleged materials
(ii) Due to the unrest, fear and alarm, people are induced to commit an offence against the state or public peace
Under section 233 of the Communications and Multimedia Act 1998, the law is said to be outdated and it provides for a non-practical, but a vaguely wide interpretation of what could be considered as an improper use of network facilities or network service. This law is even interpreted to include various offences, such as online body-shaming, sexual harassment and the sharing of pornographic materials.
Solutions
What should be the case here is that, despite implementing laws to regulate and govern online business, particularly Sugar Daddy services has revealed their true colours. More and more of these websites will appear and that there will be an endless loop. As the saying goes, crime will not dissipate, but mitigated. Humanity will always be divided and conflicted in their thoughts and conscience.
Though, legal measures should not at all be rejected or neglected, a much holistic approach could be scrutinized.
(1) Education is always the pivotal role to inform and raise awareness of the public, especially to the youth of the nation of the potential dangers of Sugar Daddy websites and affiliated activities. This in turn could make the consumers think twice about the consequences and repercussions of their actions toward themselves, family and society.
(2) The society should not also play the haram and halal police roles, instead an encouraging discussion or forum could be established to recognize individuals struggling with their economic disabilities. They require all the support and motivation from the society and figure what are the problems and solutions for their problems, as they are people who seek a better future, but have gone accidentally swerved slightly off the road.
(3) Incentives or more economic assistance is essential in aiding consumers of Sugar Daddy services. The root problem extends from the downturn of economic depression and individuals financial standing. As such, though in this difficult situation where employment is scarce, the student organizations of each university and the administrators, could cooperate and list suitable jobs for these students or provide with daily needs, such as food and pay for their rents, internet connection and bills.
(4) The MP of their respective constituency or NGOs together with public support should collect and donate money, rather than expending funds on trivial matters. Money generated should be paid and utilized for long-term usages, which include the valuable need for education as students will become the next future leaders of tomorrow. Laptops, clothing, scholarships and books are to be given sincerely, though ulterior motives may exist, but the general intent is to help students in need fundamentally.
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