Court of Appeal strikes out charge against sex bloggers, says not applicable to non-Muslims

Sex bloggers Alvin Tan (Tan Jye Yee) and Vivian Lee (Lee May Ling) leave the courthouse after a trial earlier this year. – The Malaysian Insider pic, April 21, 2014.The Court of Appeal today struck out a charge under the Penal Code against two sex bloggers on grounds it was not applicable to non-Muslims.

A three-man bench led by Datuk Wira Mohtarudin Baki said the charge under Section 298A was not enforceable against Alvin Tan (Tan Jye Yee) and Vivian Lee (Lee May Ling).

They had appealed to have the charge under Section 298 – for stirring hostility between religions – struck out on the grounds the law was meant to ensure the smoothness of the practice of Islam among its followers, not those of other religions.

"We allow the appeal (to strike out the charge) as we are bound by a 1988 Supreme Court ruling," he said today.

Deputy public prosecutor Wan Shahruddin Wan Ladin said Putrajaya would appeal against the decision.

The unanimous decision by the panel – which included Rohana Yusof and Tengku Maimun Tuan Mat – means the duo now need to face two charges in their trial at the Session Court in Kuala Lumpur.

Both had claimed trial on July 18 last year before Sessions Court judge Murtazadi Amran to three charges under the Film Censorship Act, Sedition Act and Penal Code.

The two charges still standing after today’s decision are for allegedly publishing a photograph with the comment "Selamat Berbuka Puasa (dengan bak kut teh... wangi, enak, menyelerakan)" which contained a halal logo and possibly seditious statements, and for displaying pornographic images on their blog.

The duo's postings on July 11 last year triggered a furious reaction from Malaysians of all races, following which they removed the posting and uploaded a new picture of them eating ketupat, rendang and curry puffs.

However, the Facebook page was later removed entirely.