A freelance graphic designer and activist was ordered by the Ipoh Sessions Court today to enter his defence to a charge of posting a clown face caricature image of Prime Minister Najib Abdul Razak on his Facebook account two years ago.
Mohd Fahmi Reza Mohd Zarin, 40, was first charged for allegedly posting an edited image of Najib on his Instagram account on Jan 31, 2016, at the Kuala Lumpur Sessions Court.
Today, he faced the charge of intentionally uploading the same image on his Facebook account on Feb 8, 2016.
Judge Norashima Khalid instructed Fahmi to enter his defence after deciding that the prosecution had succeeded in proving a prima facie case against him.
Nazrul Nizam Zameri prosecuted while the accused was represented by counsel Syahredzan Johan.
Fahmi was charged under Section 233 (1) (a) of the Communications and Multimedia Act 1998 on the improper use of network facilities to spread content deemed to be “obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.”
If found guilty, he faces a sentence of one-year imprisonment or an RM50,000 fine, or both.
He had previously filed a legal challenge against the constitutionality of the CMA in his bid to strike out the charges against him.
Last January, the High Court in Kuala Lumpur had allowed Fahmi’s application, but the Federal Court later set aside the ruling on the grounds that the case was not properly brought before it, and should, therefore, be remitted back to the Sessions Court.