Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Case of Khalid Mohd Ismath
In October 2015, Khalid Mohd Ismath, a human rights defender and
member of a political opposition party, was charged with 11 counts
under section 233 of the CMA and three counts under the Sedition Act,
for posting information on social media deemed “offensive” to the royal
family of the state of Johor. One of his posts had reportedly criticized
abuse of power by the Malaysian police in the state.404
Ismath was arrested and remanded, and his detention period extended
under the Sedition Act. On 29 October, after 22 days in detention, he
was released on bail.405
In a similar case:
In June 2016, Muhammad Amirul Azwan Mohd Shakri, a 19-year-old
building site worker, was sentenced to one year in prison after pleading
guilty to 14 charges under section 233 of the CMA for alleged insult of
a member of the royal family of Johor. Shakri’s sentence was thereafter
commuted to two years in a reform school.406
Case of Fahmi Reza
In February 2018, Fahmi Reza, a satirical artist and filmmaker, was
sentenced to one month in prison and fined RM30,000 (approx. USD
7,281) after the Ipoh Sessions Court found him guilty of violating section
233 of the CMA for posting an allegedly “offensive” image on his Facebook
account in February 2016. The image was of the artist’s painting of thenPrime Minister Najib Razak as a clown, along with the logo of the MCMC.407
In November 2018, the Ipoh High Court commuted Reza’s sentence to
a fine of RM10,000 (approx. USD 2,427) and one month in prison in
default. Reza thereafter submitted an appeal against his conviction.408 In
July 2019, Malaysia’s Court of Appeal rejected Reza’s appeal, and upheld
404 Frontline Defenders, ‘Khalid Mohd Ismath’, Available at: https://www.frontlinedefenders.org/en/
case/case-history-khalid-mohd-ismath; See also Article 19 CMA analysis, p5.
405 Ibid.; The Malaysian Insider, ‘Court allows activist Khalid interim bail but with conditions’, HAKAM,
29 October 2015, Available at: https://hakam.org.my/wp/2015/10/29/court-allows-activist-khalidinterim-bail-but-with-conditions/
406 Article 19 CMA analysis, p5; Gabriel Samuels, ‘Teenager jailed for insulting Malaysian royal family
on Facebook’, The Independent, 8 June 2016, Available at: https://www.independent.co.uk/news/
world/asia/teenager-jailed-for-insulting-malaysian-royal-family-on-facebook-a7070436.html
407 Frontline Defenders, ‘Fahmi Reza’, Available at: https://www.frontlinedefenders.org/en/case/
fahmi-reza-sentenced-prison-and-fined
408 Ibid.
109