FB user fined RM5k for offensive post on Prophet Muhammad

A Facebook user’s upload of a religiously-offensive online posting linked to Prophet Muhammad for discussion purposes earned him an RM5,000 fine by the Kuala Lumpur Sessions Court this morning.

Mohd Zahrein Zakariah was slapped with the penalty after he pleaded guilty to committing the offence of improper use of network facilities or services to upload a posting which is offensive in nature.

He was charged with using his FB profile “Zahrein Zakariah” to upload the offensive posting with the intent to annoy others, which was read at the office of Cyber Crimes and Multimedia Investigation Unit at the Commercial Crimes Investigation Department at Bukit Aman federal police headquarters, Kuala Lumpur, at 9.30pm on July 8.

The charge is framed under Section 233(1)(a) of the Communications and Multimedia Act 1998, which states that a person commits an offence when, by means of any network facilities or network service or applications service, knowingly makes, creates or solicits, and initiates the transmission of any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character, with intent to annoy, abuse, threaten or harass another person.

Detained on Sept 11, the 37-year-old accused calmly pleaded guilty when the charge was read out to him by an interpreter before judge M Edwin Paramjothy this morning.

On Sept 12, Zahrein was among four people reported to have been arrested by the police to assist investigation into online postings that involve ethnic and religious issues.

During submission for mitigation for a lighter offence, Zahrein’s counsel LA Gomes pleaded for only a fine be given because the accused had merely uploaded the posting linked to the prophet to invite discussion about the issue.

“The accused realised he was not aware that he may have hurt the feelings of others, now that he realises it, he is remorseful. He assures the court he will not repeat the posting.

“He uploaded the posting for discussion and did not mean to insult the Prophet Muhammad. He assures the court that this (insulting the prophet) was not the purpose he put up the post,” Gomes told the court, adding that the accused is a first-time offender and has no previous criminal record.

“He pleaded guilty on the first date he is brought to court (today). This shows that he is remorseful and has helped save the court and prosecution’s time (from having to conduct a full trial),” the lawyer said.

“The accused has also taken down the post,” Gomes said.

The lawyer also pleaded for the accused be fined RM2,000 as that is all he and his parents - a contractor father, 64, and a mother who is a retired teacher, 62 - can afford.

In regards to Zahrein’s background, Gomes told the court that the accused, who has double degrees in business and information as well as business administration earned from the University of East London, previously assisted his father for the submitting of tenders for artificial intelligence in agriculture.

However, the lawyer noted that Zahrein is currently out of work.

DPP Annur Atiqah Abd Hadi sought a deterrent sentence as Zahrein’s action had triggered the anger of the Muslim community.

“Sentencing that can serve as a lesson (hukuman berbentuk pengajaran) can become an example (menjadi contoh) to the people to be more sensitive and careful when airing views on social media, where thousands of people can access the accused’s posting,” Annur told the court.

Edwin then imposed a RM5,000 fine on Zahrein, ruling that despite the trend of imposing fine in similar cases, the RM2,000 fine sought is too low.

“Following the sentencing trend, I have no objection to imposing a fine, but RM2,000 is too low. I do not want the prosecutor to appeal,” the judge ruled before meting out the RM5,000 fine.

Zahrein was escorted out of court by a police officer as his family and lawyer were seen conferring on settling the payment of the RM5,000 fine today. He will be released after the fine is paid.  - Mkini