Malaysia
Gobind to speak with AG about artist’s ‘clown face’ conviction
A student activist holds up a placard of Fahmi Rezau00e2u20acu2122s caricature of Datuk Seri Najib Razak during a protest to call for the arrest of u00e2u20acu02dcMalaysian Official 1u00e2u20acu2122 in Kuala Lumpur August 27, 2016. u00e2u20acu201d Reuters pic

KUALA LUMPUR, Nov 19 — Communications and Multimedia Minister Gobind Singh Deo said he will contact the Attorney General’s Chambers (AGC) over the upheld conviction of graphic artist Fahmi Reza Mohd Zarin last week over a clown caricature of former prime minister Datuk Seri Najib Razak.

The minister explained that this was because Putrajaya previously ordered a moratorium on the enforcement of Section 233 of the Communications and Multimedia Act 1998.

Gobind said there should be clarity about whether the moratorium also applied to cases already on trial or under appeal.

"We were supposed to table amendments on the Act this Parliamentary session, but I am not sure if it is possible now,” Gobind told reporters at the Dewan Rakyat today, adding that this will be done in March otherwise.

He said the ministry has also consulted the Malaysian Bar, the Human Rights Commission, and the police, and would expedite the process as soon as possible.

"We are looking to amend Sections 211 (prohibiting the provision of offensive content) and 233 (improper use of network facilities or network service)

"Or we might even consider repealing Section 233 altogether and just amending Section 211,” Gobind said.

He said there is the view that such legislations should be streamlined into the Penal Code.

"I have always maintained that the Code as it stands has all the relevant provisions (related to defamation and slander)

"But the question now is, whose jurisdiction should it fall under? Hence why we are discussing with the police to see if this is suitable and agreeable,” Gobind said.

Last week, the Ipoh High Court sentenced Fahmi with a RM10,000 fine, after upholding his guilty conviction over posting a clown sketch of former prime minister Datuk Seri Najib Razak online.

Earlier on October 11 in a separate case, the Sessions Court in Kuala Lumpur had dismissed the charges against Fahmi instead over a similar charge.

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