A 24-year-old kuih seller was fined RM30,000 by the Sessions Court after pleading guilty to distributing obscene and pornographic videos for commercial gain via social media two years ago.
The accused, Branley Mohd Tahar, was also sentenced to six months’ jail in default of payment of the fine.
According to the charge, he knowingly used the Telegram application to provide access to pornographic content through a group channel for commercial purposes.
He was found to have sold the content to an undercover agent from the Malaysian Communications and Multimedia Commission (MCMC) for RM150, paid via Touch ‘n Go top-up on July 22, 2024.
The offence falls under Section 233(2)(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.
Delivering his judgment, Judge Ahmad Fuad Othman said the offence clearly violated two principles of the Rukun Negara, namely Belief in God and Courtesy and Morality.
He stressed that the act had a negative impact on society and was contrary to moral and religious values.
“Do not use social media to damage public morality and national harmony,” he said.
The prosecution was conducted by MCMC officer Mohamad Azmir Mohd Razali, while the accused was unrepresented.
In mitigation, Branley said he regretted his actions and asked for a lighter sentence, claiming he only assisted his mother in selling kuih and had no fixed income.
He added that he was the main supporter of his family and expressed remorse over his actions.
However, the prosecution argued for a heavier sentence, stating that the offence was serious and profit-driven, with earnings reportedly reaching up to RM33,000.
In a separate case before the same court, a 59-year-old father of six pleaded not guilty to charges of posting offensive content on Facebook.
The accused, Mohd Azli Abdul Aziz, was charged under Section 233(1)(a) of the same Act for allegedly uploading content intended to hurt others’ feelings.
The court allowed bail at RM7,000 with one surety and fixed June 11 for mention of the case.
