Graphic designer escapes jail, fine reduced for uploading offensive image of country’s leader
IPOH: It brings relief to a graphic designer, who was jailed for a month and fined RM30,000 for uploading an offensive image of the country’s leader on his Facebook account, after the High Court here yesterday set aside the prison sentence.
The decision was made by judicial commissioner Datuk Mohd Radzi Harun in allowing the appeal by Mohd Fahmi Reza Mohd Zarin, 40, against the jail sentence which was imposed by Sessions Court Judge Norashima Khalid last Feb 20.
Mohd Radzi also reduced the fine to RM10,000, in default a month’s jail.
When handing down the decision, Mohd Radzi said the court was satisfied that the prosecution had succeeded in establishing the facts as provided under Section 233(1)(a) of the Communications and Multimedia Act 1998 without any reasonable doubts.
“Therefore, the conviction by the Sessions Court on the charge against Mohd Fahmi Reza is right in law and I uphold the conviction,” he added.
Mohd Radzi said the court also took into consideration several media reports on statements by Communications and Multimedia Minister Gobind Singh Deo on the proposed amendments to the Communications and Multimedia Act, including Section 233, to do away with elements that were draconian in nature.
“By taking into account the matter, I therefore allow the appeal. I hereby revoke the one- month jail sentence and fine of RM30,000 imposed by the Sessions Court and replace the fine with RM10,000, in default a month’s jail,” he added.
He also advised Mohd Fahmi Reza, who has many followers on Instagram, Facebook and Twitter, to produce work that would give positive impact on the society.
“Looking at your positive involvement, I personally would want to encourage you to continue with your work. I believe you have a good talent that can be used for noble purposes for the good of the people and country.
“Do not forget that the first person that should be criticised is ourselves, and in doing so, do not forget our manners as a Malay,” he added.
Mohd Radzi also suggested that the RM20,000 to be returned to Mohd Fahmi Reza to be used to buy painting equipment to teach children, especially the disabled, and orphans.
Mohd Fahmi Reza was charged with improper use of the network facilities by knowingly creating a communication that was offensive with intention to annoy other people through his Facebook account, ‘Fahmi Reza’ on Feb 8, 2016.
The posting was allegedly read at an address in Seraya Sdn Bhd, Batu 3, Jalan Jelapang here at 2.40pm the same day.
The charge under Section 233(1)(a) of the Communications and Multimedia Act 1998 ( Act 588) and punishable under Section 233( 3) of the same Act, carries a maximum fine of RM50,000 fine, or jail or up to a year, or both, on conviction.
The prosecution was conducted by head of prosecution at the Malaysian Communications and Multimedia Commission Mohd Sophian Zakaria, while Mohd Fahmi Reza was represented by lawyer Syahredzan Johan. — Bernama