KUALA LUMPUR, Jan 18 — A High Court here today has allowed graphic artist and activist Fahmi Reza to proceed with his challenge against the constitutionality of the Communications and Multimedia Act 1998 (CMA) and his bid to strike out a criminal charge against him under the act.
According to Fahmi’s lawyer Syahredzan Johan, Justice Datuk Mohamad Shariff Abu Samah has decided in the applicant’s favour after rejecting a preliminary objection from the deputy public prosecutor.
“The deputy public prosecutor raised a preliminary objection on the ground that, there is no legal provision for our application and thus the Court lacks jurisdiction, and the matter should be decided at the Sessions Court and after that only appeal would lie to the High Court.
“Today the judge ruled that the High Court does have jurisdiction to hear the application that we filed,” Syahredzan told Malay Mail Online over text message.
Fahmi had claimed trial in June last year to two criminal charges under the Communications and Multimedia Act 1998 over a clown sketch of the prime minister, one each in the Kuala Lumpur and Ipoh Sessions Courts.
Both charges were under Section 233(1)(a) of the CMA, on the improper use of network facilities states that a person who spreads content deemed to be “obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person”.
A conviction will result in a maximum fine of RM50,000 or a maximum one-year jail term or both.
Syahredzan explained the hearing today was concerning the charge in Kuala Lumpur Sessions Court. This case will now be heard on Februrary 23.
