Kota Kinabalu: A 51-year-old content creator was fined RM4,000 or six months’ jail by the Sessions Court for posting a TikTok video containing false information relating to an alleged diesel shipment from Malaysia to the Philippines.
Shahuddin Gowana
(pic) pleaded guilty before Judge Monica Linsua to knowingly initiating the transmission of false content through the TikTok account @izzyderabbit, at Universiti Utama Condominium, Jalan Kayu Madang, Telipok, at 2pm on April 14, this year, with the intention of annoying others.
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The charge stated that video was viewed at the Malaysian Communications and Multimedia Commission (MCMC) headquarters in Cyberjaya at 8.57am on April 15.
The offence under Section 233(1)(a) of the Communications and Multimedia Act 1998, punishable under Section 233(2) of the same Act carries a maximum penalty of a RM500,000 fine, or two years’ jail, or both, and a further fine of RM5,000 for every day the offence continues after conviction.
Shahuddin uploaded a three-minute 42-second TikTok video which an Assistant Director with MCMC believed contained false information.
Investigations revealed the video’s claim that 329,000 barrels of diesel had been shipped from Malaysia to the Philippines was untrue, as the National Economic Action Council (MTEN) had clarified that the shipment neither involved Malaysian Government-owned diesel nor Petronas, but an international trading company.
Although the video had been deleted from his TikTok account, digital forensic analysts from MCMC recovered it from Shahuddin’s handphone and confirmed it had been uploaded from the account.
Investigations found that the video falsely alleged that the Malaysian Government had lied about the diesel shipment and implied that anyone believing the Government’s denial was foolish, while suggesting reports from the Philippines were true.
The court further heard that the false communication had the potential to mislead the public, create confusion and misunderstanding, incite hatred or anger towards the Government, particularly Prime Minister Datuk Seri Anwar Ibrahim, and undermine public confidence in the country’s economic stability and administration.
Unrepresented, Shahuddin requested a lenient sentence, citing his guilty plea, which had saved the court’s time, that he was remorseful and assuring the court that he would not produce such content again.
He said he worked as an e-hailing driver besides being a content creator, adding that he suffered from various health problems and was the sole breadwinner supporting his wife, seven children, in which four of them are still in school, as well as his ageing mother.
MCMC prosecuting officer Nur Nazhzilah Mohammad Hashim, in urging an appropriate sentence, stressed the need for specific and general deterrence.
She highlighted that Parliament had increased the penalties under Section 233 of the Communications and Multimedia Act 1998 with effect from Feb 11, 2025, raising the maximum fine from RM50,000 to RM500,000 and doubling the maximum jail term from one year to two years, reflecting the seriousness of offences involving the dissemination of false online content.
Shahuddin paid the fine.
