A MAN was today sentenced by the Kuala Lumpur Sessions Court to 26 months’ jail after being found guilty on two counts of insulting Prophet Muhammad, Islam and PAS president Abdul Hadi Awang on Facebook.

Judge M.M. Edwin Paramjothy imposed a 26-month jail term for the first charge and six months for the second on Danny Antoni, 29, and ordered that the sentences run concurrently from the date of his arrest on March 6 last year.

“The question in every case is whether the words used are of such a nature that they will bring about the substantive evils that the legislature has enacted laws to prevent,” said Edwin.

“Though freedom of expression secures the freedom to criticise, this right does not grant individuals the right to insult. The law protects freedom of religion through the enactment or strengthening of national frameworks and legislation to prevent the vilification of religions and the negative stereotyping of religious groups.”

He said Danny’s inappropriate, irresponsible and provocative posts transgressed the parameters of free speech guaranteed under the federal constitution.

“When viewed objectively, one is able to conclude that such words… are not an essential part of any exposition of ideas, and have such slight social value. Any benefit derived from the posts is outweighed by social interest, order and peace.

“The words, by their very utterance, inflict injury and tend to incite an immediate breach of the peace.”

Danny was charged with using the “Danny A’antonio Jr” Facebook account to post an insulting statement on Prophet Muhammad and Islam that could threaten harmony between Muslims and non-Muslims, at 1.21am on January 9 last year.

The charge is under Section 298A(1)(a) of the Penal Code, which provides for a maximum jail term of five years.

He was also charged with committing the same offence against Hadi at the same place, date and time under Section 233(1)(a) of the Communications and Multimedia Act 1998, punishable under Section 233(3) of the same act, which provides for a maximum fine of RM50,000, or imprisonment of up to one year, or both.

Both posts were read at the federal police headquarters in Kuala Lumpur at 10am on March 4 last year.

Deputy public prosecutor Julaila Jamaludin prosecuted, while Danny was unrepresented. – Bernama, July 17, 2020.