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Friday, August 27, 2010

Go to jail for posting offensive annoying comments online


On Thursday, 26 August 2010, the Shah Alam High Court dismissed a challenge by Nor Hisham Osman on the constitutionality of the charge against him under section 233 of the Communications and Multimedia Act 1988.The impact of this decision is very wide: any “offensive” communication online made with intent to annoy another person can now be criminalised.

The Shah Alam High Court on Thursday, 26th August 2010 dismissed a challenge by land surveyor Nor Hisham Osman on the constitutionality of the charge against him under section 233 of the Communications and Multimedia Act 1988.

Nor Hisham had allegedly posted an offensive comment at the Sultan of Perak’s official website through the Sultan’s Dreambook visitor page.

He was charged with making an “offensive” comment “with intent to annoy” another, pursuant to section 233.

He challenged the constitutionality of the charge, but the learned Judicial Commissioner dismissed the challenge saying the section was constitutional.

Her grounds of decision were read out in open court on Thursday afternoon and can be read in full here: Nor Hisham Alasan Penghakiman.

The impact of this decision is very wide: any “offensive” communication online made with intent to annoy another person can now be criminalised.

A person making such a communication is liable to a RM50,000 fine or 1 year in prison or both, and with an additional RM1,000 fine for each day the comment stays online after conviction.

LB: Shanmuga is one of several co-counsel with other LoyarBurokkers, Amer Hamzah, Fahri Azzat, Nizam Bashir, Aston Paiva and Lionel Koe, who acted for Nor Hisham. Courtesy of Loyarburok.com

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