RM15,000 FINE FOR INSULTING HINDUISM
Freedom of speech ends where religion or religious beliefs are insulted, judge warns photographer
AFREELANCE photographer was fined RM15,000 yesterday for insulting Hinduism on Facebook two years ago. Sessions Court Judge M.M. Edwin Paramjothy imposed the fine after Zamri Abdul Razak was found guilty of two counts of posting offensive comments.
The 54-year-old had uploaded the comments on his Facebook profile “Zamri Bin Abd Razak” with the intention to annoy others.
The judge also told Zamri that freedom of speech did not include the freedom to insult and demean the religious beliefs of others.
He said the crime of insulting one’s religion is committed not only against the person, but also against the values and functions that the religion and its followers represent.
He said religion was something personal and dear to the ones professing it.
Hence, he said one needed to be cautious and conscientious in exercising the right to freedom of expression in matters concerning other people’s religion and faith.
“Freedom of speech is a privilege guaranteed by the Constitution.
“But the limits of freedom end where religion and religious beliefs are insulted or outraged.
“Tolerance and respect for the equal dignity of all human beings constitute the foundations of a democratic, pluralistic society,” the judge said.
Edwin, in sentencing Zamri, also took into consideration the latter’s poor health condition and there being no evidence of him continously commenting or having posted further vile remarks.
The court was also of the view that custodial punishment for these kinds of offences should be reserved for the most heinous and dangerous forms of insults where abusive language or other offensive words, graphics and gestures are used.
However, he said this was not the case here.
The judge also agreed with the deputy public prosecutor that a balance had to be struck between sympathy for the offender and the pain and suffering that the accused had inflicted on his victim or the damage that his criminal activity had done to society.
The judge then imposed a fine of RM8,000 and in default six months’ jail for the first charge and RM7,000 fine and in default six months’ jail for the second charge on Zamri.
Zamri paid the fines.
On March 24, Zamri, who is a photographer at a production company, was found guilty after the court found that the defence had failed to cast a reasonable doubt on the prosecution’s case.
According to the charges, the contents of Zamri’s postings were read by another Facebook user named “Saravana Kumar” at the Cyber Crime and Multimedia Investigation Division, Commercial Crime Investigation Department, Bukit Aman federal police headquarters, here, at 12.45pm on March 10, 2019.
The charges under Section 233(1)(a) of the Communications and Multimedia Act 1998 carry a fine not exceeding RM50,000 or an imprisonment term not exceeding one year or both.
Deputy public prosecutors Nor Azizah Aling and Iznina Hanim Hashim prosecuted while Zamri was represented by lawyer Mohd Harris Al-Hajj Abdullah.