Online Sexual Grooming: A Critical Analysis on Section 4 of The Computer Misuse Act 2007 and Section 377g of The Brunei Penal Code 1957

Abstract

The Brunei Computer Misuse Act 2007, Chapter 194 is a vital instrument in tackling cybercrime in the country. Section 4 of the respective Act allows punishment on any misusers of technology who access with intent to commit or facilitate commission of offence. This particular provision has been reiterated in a number of Bruneian computer related cases, usually associated with the Brunei Penal Code 1957, Chapter 22. In 2015, the provision on sexual grooming was imposed in reflection of the growing trend of this nature of offence, especially its commission through technology. Section 377G of the Brunei Penal Code was introduced to protect minors from adult sex predators. Although the purpose of this provision was to combat sexual grooming offences committed through technology, it does not specifically state on the technology aspect of the crime. Does this mean, like other conventional crimes, such as theft and fraud, the Brunei Computer Misuse Act will take place when a technology is involved in the commission of crime? This paper uses the doctrinal approach and has chosen Singapore for its comparative study. It seeks to examine the Brunei Computer Misuse Act 2007, Chapter 194 and the Singapore Computer Misuse Act 1993, Chapter 50A, the Brunei Penal Code 1957, Chapter 22 and the Singapore Penal Code 1871, Chapter 224, commentary judgments and principles, and whether Section 4 of the Brunei Computer Misuse Act can be imposed in a sexual grooming offence.