A housewife who was previously granted a discharge not amounting to an acquittal (DNAA) over allegedly offensive Facebook comments directed at the Yang di-Pertuan Agong, Sultan Ibrahim, has been charged again at the Sessions Court here.
Suhaila Abd Halim, 40, pleaded not guilty after the charge was read out to her following a recent Federal Court ruling which declared the words “offensive” and “annoy” under the relevant law to be constitutional and legally valid.
The mother of six is accused of knowingly making and posting offensive comments against the King with the intention of annoying others.
The alleged offence was committed at around 8.30am on January 5, 2025, at Sungai Buloh Hospital.
She was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which carries a maximum penalty of RM50,000 fine, up to one year’s imprisonment, or both, upon conviction.
The law also provides for an additional fine of RM1,000 for every day the offence continues after conviction.
The prosecution was led by Fadhli Ab Wahab alongside prosecuting officer Mohamad Azmir Mohd Razali, while the accused was represented by lawyer Rushilan Gunalan.
The prosecution requested bail of RM10,000 with one surety, while the defence sought a lower amount, citing Suhaila’s B40 financial status and the fact that she is still breastfeeding a child.
Judge Nor Hasniah Ab Razak allowed bail at RM7,000 with one surety and ordered the accused to report to the nearest Malaysian Communications and Multimedia Commission office once a month until the case concludes.
The court fixed July 17 for further mention of the case.
Suhaila had previously claimed trial to the same charge in July last year before being granted a DNAA in September 2025 following a Court of Appeal ruling that declared the terms “offensive” and “annoy” under Section 233(1)(a) unconstitutional.
The earlier decision came after activist Heidy Quah successfully appealed against a High Court ruling that had dismissed her legal challenge in 2023.
However, the Federal Court of Malaysia later overturned the ruling on February 6 this year, reinstating the constitutionality of the disputed provisions and paving the way for Suhaila to be charged again.
