SEPANG - A kuih seller was fined RM30,000 by the Sessions Court here today over charges of sending obscene content via Telegram for commercial gain two years ago.
Judge Ahmad Fuad Othman imposed the sentence on Branley Mohd Taha, 24, and ordered him to serve six months' imprisonment if he fails to pay the fine.
According to the charge, the accused knowingly sent obscene content, granting access to a Telegram group called "Baby Channel Lifetime" for commercial purposes to an undercover officer from the Malaysian Communications and Multimedia Commission (MCMC) at 8.44 pm on July 22, 2024.
He was consequently charged under Section 233(2)(a) of the Communications and Multimedia Act 1998, which provides for a maximum fine of RM50,000, or imprisonment of up to one year, or both, upon conviction.
Judge Ahmad Fuad said the offence had a significant impact on public morality and was contrary to Islamic religious values as well as the principles of the Rukun Negara, adding that Malaysia is well-known for its values of decency and propriety, and that no religion in this country permits obscene acts.
"You (Branley) have violated two principles of the Rukun Negara, which are the core foundation of our country. Do not use social media to damage public morality and the nation's harmony," he chided the accused.
The prosecution was handled by MCMC prosecuting officer Mohamad Azmir Mohd Razali, while the accused was unrepresented.
In his appeal for leniency, the accused, who appeared dejected, requested a lighter sentence on the basis that he did not have a stable job and only assisted his ailing mother in selling kuih.
Expressing remorse for his actions, he added that he is the pillar of support for his family, taking care of his mother, younger sibling and niece.
However, the prosecution applied for a stiffer sentence, arguing that the offence was serious and negatively impacted society, highlighting that the accused's actions were deliberate and profit-driven, having generated RM33,000 from the sale of such content.
Meanwhile, before the same judge, a father of six pleaded not guilty to a charge of creating and posting obscene content on his social media account in December last year.
Mohd Azli Abdul Aziz, 59, was charged with knowingly creating and transmitting obscene content with the intent to annoy others on Facebook via the account "Bro Li Angel" at 2.32 am on Dec 23, 2025.
The said content was viewed at Menara MCMC1, Cyberjaya, at 12.30 pm on Dec 25 of the same year.
He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which carries a maximum fine of RM500,000, or imprisonment not exceeding two years, or both, upon conviction.
Earlier, his lawyer, S. Shastidaran, appealed for a reduction of the RM10,000 bail proposed by MCMC prosecuting officer Nazrul Nizam Mohd Zameri, on the grounds that his client had been involved in an accident in October last year and does not have a stable income.
The court granted bail at RM7,000 with one surety and set June 11 for the next case mention. - BERNAMA