IPOH: The High Court today set aside a one-month jail sentence on graphic artist Fahmi Reza over his clown caricature of Najib Razak when the latter was the prime minister.
Judicial commissioner Mohd Radzi Harun allowed Fahmi’s appeal against the jail sentence imposed by the Sessions Court in February.
He also reduced the RM30,000 fine to RM10,000, in default a month’s jail.
Radzi said the court was satisfied that the prosecution had established the facts as provided under Section 233(1)(a) of the Communications and Multimedia Act 1998.
“Therefore, the conviction by the Sessions Court on the charge against Fahmi Reza is right in law and I uphold the conviction,” he added.
Radzi said the court also took into consideration statements by Communications and Multimedia Minister Gobind Singh Deo on the proposed amendments to the Communications and Multimedia Act, including Section 233, to do away with elements that were draconian in nature.
He advised Fahmi, 40, to produce work that would give positive impact on the society.
“Looking at your positive involvement, I personally would want to encourage you to continue with your work. I believe you have a good talent that can be used for noble purposes for the good of the people and country.
“Do not forget that the first person that should be criticised is ourselves,” he said, adding that Fahmi should not forget Malay values.
Radzi also suggested that Fahmi use the balance of RM20,000 to be returned to him to buy equipment to teach children, especially the disabled, and orphans.