Danish National First to Be Convicted Under Anti-Fake News Law

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Jailed a week, fined RM10,000.

  • Accused is a Danish citizen of Yemen descent
  • A horse groomer in Denmark, he was in Malaysia on a 3-week social visit visa
  • Has three wives and six children
  • Alleged that police took 50 minutes to arrive when they actually took less than 10 minutes
  • Claimed he did not know Malaysia had an Anti-Fake News law
  • Could not pay fine, so would spend another 30 days in jail

A Danish national is the first to be punished under the newly enacted Anti-Fake News Act, over a YouTube video he had posted regarding the shooting of a Palestinian lecturer.

Salah Salem Saleh Sulaiman, 46, pleaded guilty to maliciously publishing fake news in the form of a YouTube video under the username Salah Sulaiman and was sentenced to a week’s jail and fined RM10,000.

The Cyber Court, where the case was heard, also played back the video, in which he claimed he was with the Palestinian victim during the shooting and made countless calls to the police who arrived the scene 50 minutes later while an ambulance came an hour later.

The police had denied this and said they had arrived at the scene in eight minutes.

He is accused of committing the offence between 6.50am and 9am on April 21, in the area of the Puteri Idaman condominium, on Jalan Meranti, Setapak, Kuala Lumpur.

He was arrested on April 23 near the crime scene opposite the murder victim’s condominium.

Salah, who had been employed as a horse groomer in Denmark, came to Malaysia on April 11 on a three-week social visit visa and was staying with a friend at a condominium nearby.

He was the first person to be charged and punished under Section 4(1) of the Anti-Fake News Act 2018, which carries a punishment of up to six years in prison and a fine of up to RM500,000.

He was also offered an alternative charge under Section 233(3) of the Communication and Multimedia Act 1998, for uploading false communication with the intent to annoy, abuse or threaten another person.

The alternative charge carries a lighter sentence of up to one year’s prison and a maximum RM50,000 fine.

Salah, who was not represented by a lawyer, plead guilty to the first charge.

Deputy public prosecutor Noor Jazilah Mohd Yushaa asked the court for a deterrent sentence to be imposed on the accused, saying the video had damaged the reputation of the police and the nation.

“The high fine amount stipulated shows it’s a serious offence and something that needs to be addressed. A stiff penalty would be a lesson not just to the accused, but the public at large,” she said.

In mitigation, Salah said he was a visitor, having only been here for 10 days and did not know that Malaysia had such a law. He said the video was posted in a “moment of anger” and he did not mean any harm.

“I agreed I made a mistake… I seriously apologise to everybody in Malaysia, not just in the Malaysian police,” said Sulaiman, a Danish citizen of Yemeni descent.

He also told the court he had a sickly mother, three wives and six children.

Sessions Court Judge Zaman Mohd Noor sentenced him to a week’s jail from the date of arrest and a fine of RM10,000.

As Salah had been in remand since being arrested on April 23, the jail term was considered served.

However, he told the court that he had no money to pay the RM10,000 fine and only had RM1,000 with him.

As Salah could not pay the fine, he would spend another 30 days in jail.

The judge also ordered him to remove the video he posted on YouTube.