Malaysia
Appellate court upholds RM10,000 fine, reminds Umany ex-president that freedom of speech has limits
Wong Yan Ke is pictured at the Kuala Lumpur High Court on February 26, 2020. — Picture by Firdaus Latif

PUTRAJAYA, Oct 2 — The Court of Appeal has upheld the conviction and RM10,000 fine imposed on former University of Malaya Association of New Youth (Umany) president Wong Yan Ke for intentionally insulting a former vice-chancellor.

A three-member panel led by Justice Datuk Noorin Badaruddin unanimously dismissed Wong’s appeal to set aside the penalty handed down by the High Court, ruling that the charge was valid and did not result in any prejudice or miscarriage of justice, NST reported.

Sitting alongside Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid, Noorin stated that the prosecution had successfully established the case against the youth activist.

“The elements of the offence under Section 504 of the Penal Code have been proven beyond a reasonable doubt, aside from there being no material misdirection of law committed by the magistrate’s court.

“There was no material misdirection of law by the magistrate and no sufficient basis for this court to interfere with the sentence handed down by the High Court.

“Therefore, this court finds the appellant’s appeal to be without merit. The appellant’s conviction under Section 504 of the Penal Code and the fine of RM10,000 as decided by the High Court are upheld,” the judge said.

Limits of freedom of speech

In delivering the judgment on Thursday, Noorin also took the opportunity to remind Wong that while freedom of speech is a fundamental right, it must be exercised responsibly and within legal boundaries.

She noted that Wong possessed the right to speak out, criticise, and express disagreement, but not to flout the law.

“Mr Wong, the court is not punishing you for having a different view.

“The court is punishing your conduct based on the court’s finding that you have exceeded the limits set by the law.

“The right to freedom of speech is an important right, but that right does not bring with it the right to disregard the law.

“Because true freedom is not the freedom to do whatever one desires, but rather that freedom comes with full responsibility,” said Noorin.

The case stems from a protest staged by Wong during the 59th Universiti Malaya Convocation Ceremony at Dewan Tunku Canselor on Oct 14, 2019. The courts determined that his actions were intended to insult and provoke then vice-chancellor Prof Datuk Dr Abdul Rahim Hashim in a manner that could have threatened public peace.

Wong was initially fined RM5,000 by the Magistrate’s Court on Oct 9, 2023, under Section 504 of the Penal Code. The offence carries a maximum prison sentence of two years, a fine, or both.

On April 15, 2025, the High Court enhanced the penalty, doubling the fine to RM10,000 or six months in default. Wong has since paid the fine.

During the appellate proceedings, lawyer Haijan Omar represented Wong, while Deputy Public Prosecutors Jasmee Hameeza Jaafar and Mohd Zain Ibrahim appeared for the prosecution.

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