The activist-cum-designer behind the ‘clown-faced Najib’ drawings claimed trial today to a charge under the Malaysian Communications and Multimedia Commission Act.

Fahmi Reza, the creator of the caricature of clown-faced Prime Minister Najib Abdul Razak, was charged in the Sessions Court in Kuala Lumpur.

The charge is under Section 233 (1) (a) of the Communications and Multimedia Act 1988, on "with the intention to hurt other people's feelings" by posting Najib with the face of a clown on his Instagram account.

The case was heard before magistrate Mohd Zulbahrin Zainuddin. Fahmi pleaded not guilty and was allowed bail of RM5,000 in one surety

Syahredzan Johan and Melissa Sasidaran appeared for Fahmi.

Clad in his trademark black punk outfit and a painter’s hat, Fahmi also brought along a clown-faced Najib drawing, with the slogan "In a country full of corruption, we are all seditious" (Dalam negara yang penuh dengan korupsi, kita semua pengasut).

Another charge to be heard in Ipoh

He is expected to be brought before the Sessions Court in Ipoh on June 10 for a second charge of posting a parody of a Malaysian Communications and Multimedia Commission (MCMC) warning on his Facebook account.

The prosecution was handled by deputy public prosecutor Noor Svetlana Mohd Noor Nordin.

Noor Svetlana initially requested that Fahmi's passport be confiscated, on grounds that he often flies overseas and that this may affect the case.

However, judge Mohd Zulbahrin dismissed this request after Syahredzan cited two precedents to explain that this is a bailable case.

Also, Noor Svetlana asked for bail to be set at RM20,000, but Syahredzan objected.

Fahmi is a freelance graphic desginer without fixed income, Syahredzan said, and the bail should be set at RM2,000.

Eventually, the judge fixed the bail at RM5,000 and fixed June 17, for the next mention of the case.

'Art as a weapon'

After being bailed out, Fahmi read out a pre-written statement, stressing he was not afraid to stand trial for his art and for his right to use art as a weapon, to fight corruption, oppression and injustice.

"In a country where a graphic designer can be censored, investigated, and prosecuted for his art, it is important that... using parody and satire as a form of political protest continues to be practised and defended at all costs.

"As a design activist, I will continue to use my graphics as a tool to raise awareness, to wake people up, as a medium of protest, and as a tool to push for change in Malaysia," he said.

Saying he was prepared to go to jail, Fahmi reminded that "freedom is not free" and he has set an example to others, that they should not be afraid of the government.

"I am going to continue to do what I've been doing. This is not going to stop me. I will not suddenly stop posting images of leaders, just because I am being charged, I am not going to bow down to this MCMC act which is being misused by the government to silence dissent online.

"The government is not going to give our rights freely. If it means we need to go to prison, that we need to fight for that.

"The British didn't give us Merdeka (Independence), we fought for Merdeka. People went to prison to fight for independence and freedom."