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Graphic Designer Gets Jail, Fined RM30,000 For Impproper Use Of Network Facilities

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IPOH – A graphic designer was sentenced to a month’s jail and fined RM30,000 by the Sessions Court here today for uploading an offensive image of the country’s leader on his Facebook account two years ago.

Judge Norashima Khalid handed down the sentence on Mohd Fahmi Reza Mohd Zarin, 40, after finding that the defence had failed to raise reasonable doubts against the prosecution’s case at the end of the defence case.

However, the court allowed a stay of the sentence pending an appeal in the High Court and allowed Mohd Fahmi Reza bail of RM10,000 in one surety.

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 2.40 pm 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.

Deputy public prosecutors Mohd Sophian Zakaria and Nazrul Nizam Zameri from the Malaysian Communications and Multimedia Commission (MCMC) prosecuted, while Mohd Fahmi Reza was represented by counsel Syahredzuan Johan.

Earlier in mitigation, Syahredzuan asked the court to impose a fine of RM10,000 as it was his client’s first offence.

However, Mohd Sophian said the court should not sympathise with the accused because he realised the implication of his action . – BERNAMA



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