KUALA LUMPUR: The High Court has set aside the jail term imposed on Vivian Lee and instead fined her RM5,000 over a ‘Ramadan Bak Kut Teh’ Facebook post which sparked nationwide uproar five years ago.
Vivian, who is the ex-girlfriend of former sex blogger Alvin Tan, was originally ordered to serve five months and 22 days jail by the Sessions Court in May, 2016 but she appealed the sentence.
Judge Datuk Mohd Sofian Abd Razak dismissed Lee’s appeal to set aside her conviction but reduced her sentence.
He also dismissed deputy public prosecutor Wan Shaharuddin Wan Ladin’s appeal to increase Lee’s sentence.
In upholding Lee’s conviction, Mohd Sofian said the Sessions Court arrived at the correct decision in convicting her for posting religiously inciteful content.
He also warned Lee or Lee May Ling, 29, not to repeat the offence in the future.
“If you are found committing the offence again, the sentence will be very serious,” the judge said ordering Lee to serve six months jail if she fails to pay the fine.
Lee paid the fine.
Meanwhile, outside the court, Wan Shahruddin said the prosecution would file an appeal against the decision.
Lee and Tan, whose full name is Tan Jye Yee, 30, were charged with posting religiously insensitive pictures and inciteful content on their Facebook page.
The couple formerly known as ‘Alvivi’ had uploaded a picture on July 13, 2013, showing them eating bak kut teh with the greeting “Selamat Berbuka Puasa” and a halal logo on the bottom left corner of the picture.
The post sparked anger among Malaysians.
They were charged under Section 4 (1)(c) of the Sedition Act 1948.
Alvin was sentenced in absentia, as he is believed to have fled to the United States.