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KUALA LUMPUR – Graphic designer Fahmi Reza today claimed trial to one charge of uploading offensive material online with the intention to annoy or offend.
The 44-year-old was accused of committing the offence on February 10, through his @kuasasiswa Twitter handle at 3.02pm that day, which was later flagged by the Health Ministry’s corporate communications department in Putrajaya.
The charge is over a caricature Fahmi allegedly uploaded on the social media platform that resembled former health minister Datuk Seri Dr Adham Baba.
The artwork, featuring a caricature resembling Adham, was created to mimic a quarantine “discount coupon”.
The original tweet has 1,840 retweets and 3,256 likes to date.
In court, Fahmi, dressed in all black, acknowledged he understood the charge when it was read out to him by the court interpreter.
“I understand and claim trial to the charge,” said Fahmi when giving his plea before sessions court judge Datin Sabariah Othman.
The prosecution led by deputy public prosecutor Najihah Farhana later requested a bail of at least RM10,000 be imposed against Fahmi considering the nature of his artwork.
In reply, defence lawyer Rajsurian Pillai submitted that Fahmi, who works as a freelance graphic designer, has never been a flight risk to the courts or authorities and has always cooperated with investigators.
He added Fahmi is a resident of the capital and has been one for decades with no history of absconding or being absent when his presence was required, then requesting the bail amount be lowered to a more reasonable amount.
“He also does not have a history of harassing or disturbing witnesses, so we ask for a bail amount much lower than what has been put forward by the prosecution, while also taking into account how he is not a flight risk,” Rajsurian said, to which Najihah had no objections to.
Sabariah, after allowing both the prosecution and defence lawyers to submit their arguments, set RM5,000 as Fahmi’s bail amount with one surety.
Fahmi’s offence was framed under Section 233(1)(a) of the Communications and Multimedia Act 1998, concerning the improper use of network facilities related to creating and spreading content deemed offensive or indecent in nature with the intent to annoy, abuse, or harass a person.
The offence is punishable with a fine not exceeding RM50,000, or imprisonment not more than one year, or both if convicted, and an additional RM1,000 fine for everyday the offence is committed after conviction.
At around 1pm, Fahmi posted bail and briefly addressed the media as he exited the court complex. – The Vibes, February 10, 2022
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