Explainer: The RM10k fine against Harith Iskander, Cecelia Yap without going to court & why the case is far from over
Popular Malaysian comedian Harith Iskander has been in hot water for the past 2 months or so, following a Facebook post he made regarding the viral issue of a ‘Halal’ ham and cheese sandwich found sold in a local convenience store.
Harith was deemed to have made an alleged offensive comment involving the religion of Islam in the post after sarcastically saying that “his faith was shaken” after seeing a menu advertising “Ham Sap Coffee” as it contained the word “ham”.
Moreover, another Facebook user, known as Cecelia Yap, was also embroiled in the controversy due to her comments on Harith’s post, which was alleged to have insulted Islam. Both individuals have since been hauled up by the Royal Malaysia Police (PDRM) to record their statements, with the police confirming that investigation papers have been opened against the duo for their alleged offensive comments.
However, the authorities did not issue any updates about the case until recently, when another sensitive issue involving race and religion made headlines nationwide.
Seemingly out of the blue, on 5 March 2025, the Malaysian Communications and Multimedia Commission (MCMC) issued a statement providing an update on Harith’s and Cecelia’s case, revealing that they both have been compounded RM10,000 each for uploading content and offensive comments involving the religion of Islam on 18 January 2025.
MCMC further asserted that the action was taken under Section 233 of the Communications and Multimedia Act 1998. Moreover, the commission had also requested Meta take down the comments and content in question on Facebook, which the social media operator obliged.
MCMC had also applied for the Facebook accounts belonging to both individuals to be closed, with the request currently under consideration by Meta.
With all of the above established, MCMC’s actions have raised a lot of questions among the public, including how fines were issued to both individuals without going through the courts. Furthermore, many are wondering whether the case is now closed and if the duo will ever go to court.
Well, join us as we delve into the relevant laws on the matter below.
Section 233 of the Communications and Multimedia Act 1998
Firstly, it should be noted that both Harith and Cecelia Yap were issued a fine of RM10,000 each under Section 233 of the Communications and Multimedia Act 1998 below:
Specifically, the duo was fined for the offence of knowingly using a network facility or network service or applications, in this case, social media platforms, to make a communication that is offensive with the intent to annoy or harass another person.
According to Section 233(2) of the Act, an individual convicted of this offence may face a fine of up to RM50,000, imprisonment of up to 2 years, or both.
Moreover, an individual may also be liable to a further fine of RM5,000 for every day during which the offence is continued after conviction.
However, given that both individuals weren’t even charged in court, let alone convicted, how could they be fined RM10,000 each under the provision?
Section 243 of the Communications and Multimedia Act 1998
Well, this is thanks to Section 243 of the Act which allows for the compounding of offences by MCMC.
So, what is the compounding of offences? Simply put, it’s a legal process in which an individual can settle a criminal charge by paying a fine instead of facing a full prosecution in court.
Indeed, Section 243(2) of the Act below gives authority to the MCMC Chairman, with consent in writing by the Public Prosecutor, to compound any offence committed by any person under the Act prescribed to be a compoundable offence, by making a written offer to the person suspected to have committed the offence.
For context, offences under Section 233 are compoundable offences under the Act and MCMC in the aforementioned statement clarified that it has gotten written consent from the Public Prosecutor to issue compounds to Harith and Cecelia Yap.
Section 243(2) of the Act further prescribes that the amount of compound must be a sum of money not exceeding 50% of the amount of the maximum fine to which the person would have been liable if they had been convicted of the offence, within such time as may be specified in his written offer.
Besides that, Section 243(3) establishes that compounding of offences can be made at any time after the offence has been committed but before any prosecution for it has been instituted.
Should the compound is not paid within the time specified, or such extended time granted, Section 243(3) prescribes that the prosecution for the offence may be instituted at any time against the offender.
Meanwhile, Section 243(5)(a) establishes that where an offence has been compounded, no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.
The case against Harith and Cecelia Yap is still ongoing
However, this doesn’t mean that Harith and Cecelia Yap won’t face any charges in court, as while a charge under Section 233 of the Communications and Multimedia Act 1998 is no longer applicable due to the compounding of offences, they’re both still under investigation under different legal provisions.
As reported by Harian Metro, PDRM revealed that they’re still waiting for a directive from the Attorney-General Chamber (AGC) for further action in the case.
The police added that the duo is under investigation under Sections 298 and 505 of the Penal Code, for uttering words with deliberate intent to wound the religious feelings of any person, and statements conducing to public mischief, respectively.
A conviction under Section 298 of the Penal Code could lead to imprisonment of up to 1 year, a fine, or both. Meanwhile, one can be jailed for up to 2 years, a fine or both if convicted under Section 505 of the Penal Code.
Now that the matter has been cleared up, let’s all remain calm amidst the controversies and let the law run its course.
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