Sivarasa charged for uploading ‘fake’ Time cover
Judge Ameruddin Ahmad allowed Sivarasa to be released on a RM2,000 personal bond without a guarantor, while the next mention date was fixed for May 27.
He was charged under Section 233 (1) (a) of the Communications and Multimedia Act for “creating and initiating transmission of false communication to annoy another person”. Section 233 (1) (a) of the Communications and Multimedia Act provides for a fine not exceeding RM50,000 or imprisonment of not more than one year or both.
Sivarasa had allegedly shared the picture of the “fake” magazine cover with the caption “Made headlines once again, for the wrong reasons” on March 22 and 23. The first post in English was allegedly made on March 22 at 7.41pm, followed by the second one in Malay, allegedly on March 23 at 4.59am. The MP apparently took down the image after reportedly finding out that it was a fake.
Lead Deputy Public Prosecutor Mukhzany Fariz Mokhtar had earlier asked the court to set bail at RM4,000.
The defence team, led by lawyer N. Surendran, argued that it was not necessary to have bail. “It’s a summons case not a warrant. You don’t need bail. Please use your discretionary powers under Section 387 (2) of the Criminal Procedure Code,” said Surendran in pointing out that Sivarasa has been a practising lawyer for 28 years as well as an MP for two terms.
However, Mukhzany argued that Section 387 need not necessarily mean that bail was for arrest cases only.
Also present was prosecutor Norhani Adzhar.
Latheefa Koya and Eric Paulsen also appeared for Sivarasa along with Surendran.
When asked by journalists outside the courtroom, Sivarasa complained the case was a complete over-reaction on a small matter. “It was based on an actual article in Time that has not been challenged by the Prime Minister,” said Sivarasa.
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