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March 11 – decision on Aliff Syukri’s case for uploading offensive video on instagram

SEPANG: The Sessions Court here today set March 11 to decide on a case involving cosmetics entrepreneur Datuk Seri Aliff Syukri Kamarzaman who is charged with four counts of improper use of network facilities by uploading offensive video content on his Instagram account.

Judge Ahmad Fuad Othman fixed the date after hearing the submission by the defence and the prosecution.

Lawyer Awang Armadajaya Awang Mahmud, representing Aliff Syukri, submitted that there was a possibility that the video was not uploaded by his client and referred to the time at the office of the Malaysian Communications and Multimedia Commission (MCMC) when his (Aliff Shukri) assistant had filled in the user name and password of Aliff Syukri’s social media account on the form provided.

“Aliff Syukri received the form, and he instructed the assistant to write without telling him what to write. The assistant wrote (the username and password) without getting information from Aliff Syukri before the form was handed over to MCMC.

“This means that someone else knows the username and password of Aliff Syukri’s social media account,“ he added.

Meanwhile, deputy public prosecutor Faten Hadni Khairuddin, from MCMC, argued that it does not mean that someone who knows the information of another person’s social media account is responsible for uploading certain content.

She said the results of the investigation found that the caption for the video titled ‘Jangan Kecam Saya’ clearly showed that it was written by Aliff Shukri.

“We seized the mobile phone belonging to Aliff Syukri and found all the information and video content material in the mobile phone. It is clear that the social media account is administered by Aliff Shukri himself,“ she said.

On Oct 13, 2022, Aliff Syukri, 38, pleaded not guilty to four charges of improper use of network facilities by uploading offensive video content on his Instagram account.

He was charged with sending offensive communications using the Instagram account aliffsyukriterlajaklaris with the intention of annoying others on April 13, 15, 17 and 21, 2022.

The charge, framed under Section 233 (1) (a) of the Communications and Multimedia Act 1998 (Act 588) and punishable under Section 233(3) of the same law, provides a maximum fine of RM50,000 or up to a year’s jail, or both, if found guilty.

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