KUALA LUMPUR, July 25 — The prosecution has withdrawn a criminal charge against Syarul Ema Rena Abu Samah for an alleged 2015 insult of then prime minister Datuk Seri Najib Razak through Facebook, her lawyers confirmed today.

Lawyer Latheefa Koya said deputy public prosecutor Nazrul Nizam informed the Sessions Court that the Attorney-General had accepted the representation of Syarul Ema Rena — otherwise known as Ratu Naga — for the withdrawal of the charge against her.

"Court then ordered a discharge against Ratu Naga,” she said, adding that her fellow colleague Zaid Malek appeared today for Syarul Ema Rena when the case came up before Sessions Court judge Saifulakmal Mohd Said.

In a letter dated July 24, the Attorney-General’s Chamber’s head of prosecution Datuk Othman Yusof informed Syarul Ema Rena’s law firm that their June 20 letter of representation had been brought to the Attorney-General Tommy Thomas’s attention.

"After studying and evaluating the testimony regarding this case, the Attorney-General has instructed that the charge faced by your client be withdrawn on the coming trial date,” Othman said in the letter.

Syarul Ema Rena’s trial over the matter had not started, with Latheefa saying: "The matter was fixed for trial several times over the years but was postponed as Ratu Naga had filed challenges and appeal on the constitutionality of Section 233(3) as it infringes her freedom of expression guaranteed under Article 10 (of the Federal Constitution).”

On February 18, 2016, Syarul Ema Rena was charged under Section 233(1)(a) of the Communications and Multimedia Act over her alleged insult.

The alleged October 6, 2015 Facebook comment was related to the Trans-Pacific Partnership Agreement (TPPA), which Malaysia’s Parliament had given the nod to in January 2016 and which Malaysia had previously committed to ratify by 2018 before the deal fell apart.

Latheefa said the alleged comments were "against Najib and other MPs when the BN government signed the TPPA”.

Section 233(1)(a) touches on the offence of improper use of network facilities, and among other things specifically says it will be an offence for anyone who knowingly makes any comment through network facilities or applications services which is "obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person”.

Under Section 233(3) which lays down the penalty for Section 233(1)(a), those convicted will face a maximum RM50,000 fine or maximum one-year jail term or both, with a further fine of RM1,000 for every day where the convicted person continues committing the offence.