Appeal Court Frees Former Photographer in YouTube Case, Rules No Intent to Offend Police
PUTRAJAYA: The Court of Appeal Malaysia has overturned the conviction of a former photographer over a YouTube video alleged to be offensive towards the Royal Malaysia Police, concluding that the prosecution failed to establish intent.
The decision was delivered by a three-judge panel led by Noorin Badaruddin, alongside Hayatul Akmal Abdul Aziz and Mohd Radzi Abdul Hamid, who unanimously allowed the appeal filed by Mohd Shahril Abdul Rani, 54.
The panel found that the video in question was produced with the intention of informing residents about the status of a police report and urging faster action from the authorities, rather than to insult or provoke.
“The purpose of the communication was legitimate and cannot be equated with an intention to annoy or offend,” she said, adding that the context of the message must be considered as a whole.
The court ruled that the prosecution had failed to prove the essential elements of the offence beyond a reasonable doubt, rendering the earlier conviction unsafe. As a result, Mohd Shahril was acquitted and discharged, and the RM20,000 fine imposed previously was ordered to be refunded.
The case stemmed from a charge under the Communications and Multimedia Act 1998, specifically Section 233(1)(a), relating to the improper use of network facilities or services.
Mohd Shahril had been accused of broadcasting a live video through a YouTube account known as “Raja Emel” on July 26, 2020, concerning alleged delays by the Commercial Crime Investigation Department (CCID) in handling a police report lodged by a joint management body.
The prosecution had argued that the video was intended to cause annoyance, including towards the police. However, the appellate court found no sufficient evidence to support that claim.
Previously, the Kajang Sessions Court had found him guilty in February 2024 and imposed a RM20,000 fine, or six months’ imprisonment in default. The Shah Alam High Court later upheld the conviction in June 2025.
During the appeal hearing, deputy public prosecutor Abdul Malik Ayob appeared for the prosecution, while the appellant was represented by lawyers Yu Ying Ying and Thiruna Jayshan.
The ruling highlights the judiciary’s emphasis on intent and context in cases involving online expression, reinforcing the principle that criminal liability must be grounded in proven facts rather than assumptions.
-wilayah.com.my
