KUALA LUMPUR: A 42-year-old man has been fined RM10,000 in default six months' jail by the Sessions Court here for insulting the royal institution on Instagram three years ago.
Tan Yong Hua, a p-hailing rider, pleaded guilty after the charge was read out to him in Bahasa Malaysia before Sessions judge Siti Aminah Ghazali here on Friday (Jan 3).
According to the charge sheet, Tan had used the Instagram profile "ogbadboyterryt" to make an offensive posting with the intention to offend others between Nov 6 and 7, 2021.
The posting was read at a condominium in Jalan Taman U-Thant near here on Nov 7 that year.
The charge under Section 233(1)(a) of the Communications and Multimedia Act 1998 carries a maximum fine of RM50,000 or imprisonment of up to one year or both if found guilty, and RM1,000 each day the offence continues after conviction.
DPP Wan Ahmad Hijrah Wan Abdullah sought a deterrent sentence to serve as a lesson for the public as well as the accused.
"The prosecution is seeking a deterrent sentence as a lesson for the public not to touch on the 3R issues especially the royal institution when using social media where comments can be read by (the public) and cause unrest," he said.
Tan, who was unrepresented, pleaded for a lenient sentence and told the judge he was jobless.
"I am only supporting myself. I have no family. I work in the logistics sector but due to a wounded hand, I have no stable job," he said.
According to the facts of the case, Tan's posting was read by the complainant, Tun Putera Ahmad Aizuddin Shah Datuk Mohamed Johan.
The complainant, who was offended when reading the posting, made a police report on the grounds that the accused was conscious and aware that the posting was offensive and insulting to the royal institution.
Evidence also showed that the accused committed the offence with intent to anger and upset those who read it.
The accused was arrested at 10pm on Nov 26, 2021, and police also seized a handphone and a SIM card.
An investigation by the Malaysian Communications and Multimedia Commission (MCMC) confirmed that the account used was owned and operated by the accused.
