KOTA KINABALU: A man who posted offensive remarks on Facebook over the word "Allah" on socks was sentenced to six months' jail and fined RM15,000 in default four months' jail.
Ricky Shane Cagampang, 33, pleaded guilty before Sessions Court judge Amir Shah Amir Hassan today for improper use of network facilities or network service under Section 233(1)(a) of the Communications and Multimedia Act.
Ricky had committed the offence on March 17, at 12.05pm through his Facebook.
The offence is punishable under Section 233 (3) of the same Act which provides a maximum fine of RM50,000 or imprisonment for a term not exceeding one year or both and to a further fine of RM1,000 for every day during which the offence is continued after conviction.
In sentencing, the court said that cases like this should be severely punished because, in this borderless world, everyone can easily voice their opinions through social media.
"The law also does not prevent anyone from voicing their opinion, but it must conform to existing legal restrictions.
"In this case, the accused has breached the restrictions which not only causes pain or annoyance to the complainant, but also other Muslims out there who can access the accused's posts.
"This is inappropriate because, at this age, the accused should be mature in voicing his opinion. And for that reason, the accused must be responsible for his own actions.
"However, the court stated that by only imposing a fine, it is like a slap on the wrist and will not have any impact because if the accused is able to pay the fine, then the objective of the lesson will not be achieved. The accused should be placed in isolation for a while to allow him to repent and realise his mistake.
"This will also send a message out there that the court will not compromise on any comments or posts that are insulting to any religion. It will also serve as a lesson to the accused.
"It is also in line with the provisions of Section 233 itself which is to prevent any improper use of network facilities or network services. And the court would like to emphasise that the culture of "do it first and apologise later" should be stopped and replaced with a culture of 'think carefully before doing it' so that the public will be more careful when using social media."
