SEXUAL ABUSE AND EXPLOITATION OF BOYS IN SOUTH ASIA A ...

not define ‘obscene’, did not refer to the involvement of children in pornography and imposed
light sentences. The Children and Young Persons (Harmful Publications) Act No. 48 of 1956
sought to protect children from publications that could corrupt a child or young person (a
child being defined as under 14, and a young person as 14 to 16 years). Its primary purpose
was to protect children from exposure to crimes and acts of violence or “any incident of a
repulsive or horrible nature”, 436 rather than pornography as such.
The Penal Code (Amendment) Act No. 22 of 1995 directly addressed the influence of
pornography on children and the abuse inherent in the production of child pornography. This
amendment made criminal any act that would engage a child to “appear or perform in any
obscene or indecent exhibition or show or to pose or model for, or to appear in, any obscene
or indecent photographs or film”. It also criminalizes parents or guardians who allow their
child to be involved in such acts. A person who sells, distributes, publishes or owns child
pornographic photographs or films is also liable for punishment. In this act, a child is defined
as a person under 18 years according to article 286A (2). While the legislation is
commendable for criminalizing the use of children in the production of pornography, the
penalties for such are the same as the penalties for owning or distributing child pornography.
The Penal Code Amendment Act of 1998 did not repair this problem, although it added
subsections requiring those who develop photographs and films to report the presence of
child pornography to the police. Similarly, the Amendment Act of 2005 did not address the
seriousness of engaging children in the production of child pornography, although it stated
that a “person who provides a service by means of a computer” must ensure that the
“computer facility is not used for the commission of an offence relating to the sexual abuse of
a child”. 437 However, the terms of this section, such as ‘computer facility’, are unclear vis-àvis
the complex roles in the information technology industry. They may not be sufficient to
address, for example, the responsibilities of Internet service providers to limit child
pornography. Also, as with other Sri Lankan legislation regarding pornography, the penalties
are so minimal that the law is an ineffective deterrent.
8.2.4 Other forms of sexual exploitation
8.2.4.1 Prostitution
Sri Lankan law prohibits the mechanisms surrounding sexual exploitation of a child through
prostitution, including procuring a child for prostitution, permitting a child to be on premises
for the purpose of sexual abuse and causing ‘the seduction or prostitution’ of a child.
However, it does not directly define or forbid sexual intercourse with a child exploited
through prostitution – that is, the crime of being a client. While sexual intercourse with a
child is punishable under several sections of the Penal Code and its amendments, commercial
sexual intercourse of a client with a child is not specifically considered an offence.
Sexual exploitation was insufficiently addressed in Sri Lankan law until the Penal Code
Amendment Act of 1995. While the Children and Young Persons Ordinance of 1939 makes it
436 Children and Young Persons (Harmful Publications) Act No. 48 of 1956.
437 PCA 2006, Section 286B.
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