KUCHING: A 37-year-old kitchen helper was sentenced to 12 months’ imprisonment by the Sessions Court here on Wednesday for posting a grossly offensive comment on Facebook that insulted the Muslim community in Sarawak.
Judge Noorhisham Mohd Jaafar handed down the sentence after the accused, Suhailah Kadir, pleaded guilty to a charge under Section 233(1)(a)(i) of the Communications and Multimedia Act 1998.
The court ordered the jail term to commence from the date of conviction.
The offence is punishable under Section 233(1)(a)(i) of the Communications and Multimedia Act 1998, which provides for a fine of up to RM500,000, imprisonment for up to two years, or both, upon conviction.
Offenders may also be liable to a further fine of RM5,000 for every day the offence continues after conviction.
According to the charge, Suhailah, using the Facebook account under the name “Suhailah Kadir”, posted a comment at about 4 am on March 24 this year at a house in Lorong 1, Kampung Semariang Pinggir, Kuching.
The comment, which contained offensive and vulgar language directed at the Muslim community in Sarawak, was made with the intention of annoying the community through the Facebook application.
The court heard that on March 30, an enforcement officer from the Sarawak Islamic Religious Department (JAIS) received an email regarding a complaint submitted through the department’s Talikhidmat system.
The complaint alleged that a Facebook post by the accused contained insulting remarks against Muslims in Sarawak and had the potential to provoke public unease and offend religious sensitivities.
Following preliminary investigations, the post was found to have been removed from the Facebook account.
Investigations later confirmed through the Malaysian Communications and Multimedia Commission (MCMC) that the Facebook account belonged to the accused.
Seized items also supported findings that she was the owner of the account.
In mitigation, the defence urged the court to impose a fine instead of a custodial sentence, submitting that Suhailah was a first-time offender with no previous criminal record.
Counsel also told the court that she earns RM1,500 a month as a kitchen helper and is the sole breadwinner for her family, supporting her dependants financially.
The defence argued that a reasonable fine would adequately reflect the seriousness of the offence while allowing the accused to rehabilitate and continue contributing positively to society.
The prosecution was conducted by Adriana Maisarah Mohd Farid, while the accused was represented by counsel Wilson Tan Wei Sheng.
