Clown-face caricature - Fahmi Reza's conviction stays

The Court of Appeal in Putrajaya today upheld graphic artist Fahmi Reza's conviction for uploading a clown-face caricature of then prime minister Najib Abdul Razak onto his social media account.

This was confirmed by the appellant's lawyer, Syahredzan Johan, who attended the hearing of his client's appeal before a three-person bench led by Kamardin Hashim.

"They (Court of Appeal panel) found no merit in the issue raised (by Fahmi). They see no reason to intervene in the Ipoh High Court judge's ruling," the lawyer said when contacted today.

The other Court of Appeal judges on the panel were Kamaludin Mohd Said and Mohamad Zabidin Mohd Diah.

The prosecution at today's hearing comprised DPP Mohd Dusuki Mokhtar, Nurshafini Mustafha and Ku Hayati Ku Haron.

On Nov 12, 2018, Bernama reported that the Ipoh High Court had set aside the prison sentence against Mohd Fahmi for uploading an offensive image of Najib on his social media account.

The judicial commissioner, Mohd Radzi Harun also reduced the initial RM30,000 fine imposed on Fahmi, to RM10,000 or in default one month's jail.

Radzi had ruled that 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 (CMA) 1998, without any reasonable doubt, and therefore, Fahmi's conviction by the Sessions Court back in February will stay.

However, the court also took into account statements by the government on proposed amendments to the CMA, including Section 233, to do away with elements that were draconian in nature, the judge added.

The judicial commissioner had further urged Fahmi, who commands a sizable following on his social media accounts, to produce works of art that positively impact society.

Fahmi was charged in June 2016, under Section 233(1)(a) of the CMA for posting a caricature depicting Najib as a clown, along with the MCMC logo.

[More to follow] - Mkini