Ratu Naga to face trial for insulting Najib

Sessions Court rejects her move to challenge the constitutionality of a provision in Communications and Multimedia Act and fixes trial from Feb 13.

(FMT) – A building consultant, who uses the name “Ratu Naga” on her Facebook, today failed to challenge the constitutionality of a provision in the Communications and Multimedia Act (CMA), resulting from a charge she faced for insulting the prime minister on the social website in 2015.

Sepang Sessions Court judge Muhammad Faizal Ismail, in declining to refer the matter to the High Court, said legality of Section 233 (1) (a) of the CMA had been decided in 2010.

The judge then fixed trial for three days from Feb 13.

On Feb 17 last year, Syarul Ema Rena Abu Samah, represented by Melissa Sasidaran, pleaded not guilty to the charge.

The 36-year-old was charged with knowingly using the network application, through the ‘Ratu Naga’ Facebook profile, to make and initiate the transmission of offensive comments against Prime Minister Najib Razak over the Trans-Pacific Partnership Agreement (TPPA) with intent to annoy others.

The offence was allegedly committed on her Facebook page at 12.02am on Oct 6, 2015.

Those convicted could be fined a maximum RM50,000 or jailed up to a year, or both.

Last week, the Malaysian Bar criticised the government over the abuse of the the CMA that restricts the exercise of the freedom of speech and expression.

Its vice-president, George Varughese, said last year alone the number of reported CMA cases totalled at least 39, including persons questioned, arrested, charged or sentenced.

“Such resort to the CMA by the authorities has a chilling effect on the freedom of opinion and thought, and threatens to silence Malaysians.

“The misuse of Sections 233(1)(a) and 263(2) of the CMA gives rise to the perception that the CMA is yet another dressed-up political weapon,” he added.

The most recent report on the use of Section 233 (1) (a) was reported two weeks ago, where a man in Dungun, Terengganu, was arrested for allegedly criticising the prime minister.