Blogger acquitted: court clears creator of offensive TikTok video charge

Judge says prosecution failed to establish prima facie case

8:53 AM MYT

 

KUALA LUMPUR – The sessions court yesterday acquitted and discharged a blogger of the charge of creating and uploading an offensive video about former prime minister Datuk Seri Ismail Sabri Yaakob and Umno on social media.

Judge N. Priscilla Hemamalini also acquitted Jufazli Shi Ahmad, 34, of the charge of failing to provide the password for the TikTok profile @King Maker stored on his mobile phone.

She made the ruling after finding the prosecution had failed to prove a prima facie case against Jufazli at the end of the prosecution’s case.

Six prosecution witnesses were called to testify in the trial that started in May.

On July 7, 2022, Jufazli pleaded not guilty to a charge of uploading a video titled ‘Pak Mail dan Umno naikkan harga barang sangat mahal pada 1 Julai 2022’ to hurt others on the @King Maker TikTok account at 3pm on June 23, 2022.

The video was viewed at 3pm at the Criminal Investigation Department Office, Dang Wang district police headquarters (IPD) on June 24.

The charge, framed under Section 233 (1)(a) of the Communications and Multimedia Act 1998 and punishable under Section 233 (3) of the law, provides a maximum fine of RM50,000 or imprisonment for up to one year or both, if convicted, and shall also be liable to a further fine of RM1,000 for each day the offence is continued after conviction.

Jufazli also claimed trial for the charge of failing to provide the password to the account to police officers at the IPD at 3pm on July 5. The charge was framed under Section 248 of the same act, which provides a fine of not more than RM100,000 or jail for up to two years or both upon conviction.

Deputy public prosecutor Nurilya Ellyna Nor Azmal prosecuted the case, while lawyers Ramesh NP Chandran, Tejal Harash, and Mansheel Kaur represented Jufazli. – December 1, 2023

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