KUALA LUMPUR: A p-hailing driver was fined RM10,000 by the Sessions Court today over an offensive social media post that insulted the royal institution with profanities in 2021.
Tan Yong Hua, 42, who was unrepresented, pleaded guilty after the charge was read out to him before Judge Siti Aminah Ghazali.
"I promise not to do it again. I ask for your forgiveness. I have an injury on my left shoulder and I do not have a steady job now," he said as he pleaded for leniency.
The court ordered him to serve six months in jail if he fails to pay the fine.
Earlier, deputy public prosecutor Wan Ahmad Hijrah Wan Abdullah asked the court to mete out a harsh penalty on Tan to serve as a lesson to him and to society.
"His comments had touched on the royal institution. As a responsible citizen, he should be aware that the institution is the pillar of the nation. A heavy punishment is needed to create awareness in society to refrain from touching on 3R matters, especially the royal institution, in their social media posts, where every comment can be read by the public and potentially cause public outrage," he said.
The facts of the case stated that he had, between Nov 6 and 7, 2021, made the offensive post on an Instagram profile 'ogbadboyterryt' and was aware that it was offensive, insulting the royal institution and aiming to incite anger in those who read it.
The post was read by the complainant, a member of the royal family named Tun Putera Ahmad Aizuddin Shah Mohamed Johan, at 11pm at a house in Taman U-Thant on Nov 6, 2021. Tun Putera Ahmad Aizuddin Shah was dissatisfied and made a report at the Pudu police station.
Tan was arrested by the police at 10pm on Nov 26, 2021, and investigators confiscated a handphone and a SIM card.
Social media and digital forensic analyses conducted by the Malaysian Communications and Multimedia Commission (MCMC) confirmed that the Instagram account was found on the phone and was owned and handled by Tan.
MCMC's data preservation analysis showed the timestamp of the post sent from the Instagram account.
The court heard that evidence showed it was Tan who had used the confiscated handphone to access the Instagram account to make and send the offensive post. He was charged with making the offensive post between Nov 6 and 7, 2021.
The offence under Section 233 (1)(a) of the Communications and Multimedia Act provides for a maximum RM50,000 fine or a jail term of up to one year; and may be fined a further RM1,000 for each day the offence continues after conviction.
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From: Dawn L. Chan