How do Malaysian lawyers view the use of PPPA for sex toy sales?

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Lawyers View PPPA Application to Sex Toy Sales as Legally Consistent, Though Policy Questions Remain

Malaysian lawyers have indicated that the government's utilisation of the Printing Presses and Publications Act (PPPA) 1984 to address the sale of sex toys is not unusual from a legal interpretation standpoint, given the Act's broad definition of "publications." However, they also suggest that the criminalisation of sex toys across the board may not align with contemporary legislative policy, particularly considering potential medical applications and the evolving societal understanding of sexual health.
Broad Definition of "Publications" Encompasses Sex Toys

The PPPA 1984 defines "publications" in a manner that lawyers argue can extend to items like sex toys. As all written or printed matter, in any form, capable of suggesting words or ideas falls under this definition, the Act's provisions can be applied to regulate the production and distribution of sex toys. Section 7(1) of the PPPA specifically prohibits the sales of sex toys on the grounds of eroding moral values, granting the Ministry of Home Affairs the power to ban their printing, importation, production, distribution, or possession. This section empowers the home minister to prohibit any item deemed prejudicial to public order, morality, security, or likely to alarm public opinion.
Recent Enforcement Actions Highlight Application of Law

Recent enforcement actions by the Home Ministry underscore the application of the PPPA to sex toy sales. In early February, enforcement officers confiscated over 2,295 sex toys, valued at an estimated RM70,000, during raids in Johor, Penang, and Sarawak, leading to several arrests. Investigations are being conducted under Section 292 of the Penal Code, which deals with the sale of obscene materials, and Section 7(1) of the PPPA. Prior seizures include 135 sex toys in Kuching, Sarawak, in January, and 102 units in Penang and 46 units in Perak in the preceding month. These items were found being sold alongside cosmetics and health products, as well as online.
Policy Implications and Medical Considerations Raised

Beyond the legal interpretation, concerns have been raised regarding the broader legislative policy. Lawyer Nizam Bashir suggests that a blanket criminalisation of sex toys might not be the most appropriate approach, noting their potential use for medical reasons. He points to applications in treating conditions such as erectile dysfunction and pelvic floor dysfunction, where the term "medical device" might be more fitting than "sex toy." Bashir also posits that the regulation of sex toys could be linked to societal taboos surrounding masturbation, which, despite expert consensus on its biological normality, is often depicted as immoral by conservative religious groups.
Societal Norms Influence Legal Stance on Sex Toys

The legality of sex toys in Malaysia appears to be significantly influenced by prevailing societal norms and cultural perceptions rather than solely scientific considerations. Lawyer Geethan Ram Vincent suggests that unless Malaysian society becomes more open to frank discussions about sex, laws governing sex-related products are unlikely to change. In conservative societies like Malaysia, where sex toys are often viewed as taboo due to cultural norms, their legal status remains restricted. The Home Ministry's enforcement and control division reportedly seized sex toys worth a total of RM1.3 million in the previous year, indicating ongoing efforts to control their sale. Online platform Shopee also updated its guidelines in January to prohibit the sale of "obscene and adult related products," including sex toys.

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How do Malaysian lawyers view the use of PPPA for sex toy sales?

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