IPOH, Nov 12 — The High Court here today reduced the sentenced for controversial cartoonist and graphic artist Mohd Fahmi Reza Mohd Zarin to a RM10,000 fine — from one-month imprisonment and a RM30,000 fine — after he was found guilty of posting a clown sketch of former prime minister Datuk Seri Najib Razak online.
Judge Datuk Mohd Radzi Harun said the prosecution had succeeded in proving the 40-year-old’s guilt beyond a reasonable doubt.
“I have taken into consideration the judicial notice and witness testimonies, including the complainants and the accused himself, and found that the decision made by the Sessions Court judge here to be accurate and therefore, will be maintained,” he said.
However, Mohd Radzi said he had decided to reduce Fahmi’s sentence as he was aware of the media report that the Ministry of Communications and Multimedia intends to amend Section 233(1)(a) of the Multimedia and Communications Act 1998.
“The decision was also made based on the Sessions Court judgment in Kuala Lumpur on October 11, which freed Fahmi Reza after the prosecution withdrew the charges,” he said.
Fahmi had lodged an appeal with the High Court after the Sessions Court here sentenced him to one-month imprisonment and a RM30,000 fine, or a six-month jail term if he failed to pay the fine by February.
The political activist managed to raise funds to pay the fine via a public crowdfunding campaign, but had yet to begin serving his sentence as he was awaiting the High Court’s decision.
Mohd Radzi then ordered that the RM20,000 be returned to Fahmi, and advised him to use his talent for the greater good and to also act as a role model for his social media followers.
The judge also suggested Fahmi use the returned money to buy painting equipment and teach art to the disabled and orphans.
Fahmi was charged with uploading false communication content on his Facebook page with the intention to offend other parties on February 8, 2016.
It was reported that the content was then viewed at a commercial address — Seraya Sdn Bhd, Batu 3, Jalan Jelapang, Ipoh — on the same date.
He was convicted under Section 233(1)(a) of the Multimedia and Communications Act 1998 with the penalty being a maximum fine up to RM50,000, one-year imprisonment or both.
Fahmi was represented by counsel Syahredzan Johan, while Malaysian Communications and Multimedia prosecution department head Mohd Sophian Zakaria represented the prosecution.
