Aliff Syukri bin Kamarzaman

Aliff Syukri bin Kamarzaman

Although the prosecution established a prima facie case and the rebuttable presumption under s.114A pointed to the accused as publisher, the Court was bound by the Court of Appeal decision in Heidy Quah that the impugned words 'offensive' and 'annoy' in s.233 are unconstitutional; accordingly the prosecution could...

Source-derived case information.

Citation
BK-63-12-10/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Aliff Syukri bin Kamarzaman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 August 2025
Case Number
BK-63-12-10/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Judgment (acquittal); Prosecution Filed Notice of Appeal
Outcome
Acquitted and discharged
Legal Topics
Section 233 Communications and Multimedia Act 1998, Section 114 a Evidence Act 1950, Freedom of Expression, Indecent Content, Presumption of Publication, Prima Facie Standard, Authentication/2 Factor Access
Criminal Law Communications Law Constitutional Law Evidence Law Internet/it Law Section 233 Communications and Multimedia Act 1998 Section 114 a Evidence Act 1950 Freedom of Expression +4 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Aliff Syukri bin Kamarzaman

Accused

Procedural Posture

Criminal / Trial Judgment (acquittal); Prosecution Filed Notice of Appeal

Legal Issues

  1. 1 Whether the accused made and initiated transmission of indecent content under s.233(1)(a) CMA 1998
  2. 2 Whether the four Instagram videos constituted indecent/sumbang content
  3. 3 Whether the accused had intention to annoy or cause hurt by publishing the videos

Ratio Decidendi

Although the prosecution established a prima facie case and the rebuttable presumption under s.114A pointed to the accused as publisher, the Court was bound by the Court of Appeal decision in Heidy Quah that the impugned words 'offensive' and 'annoy' in s.233 are unconstitutional; accordingly the prosecution could not be maintained and the accused was acquitted and discharged.

Court Disposition

Acquitted and discharged

Orders

  • Accused acquitted and discharged of all charges under s.233(1)(a) Communications and Multimedia Act 1998
  • Accused released and freed from all proceedings relating to these charges