PUTRAJAYA: Comedian Shahmira Muhamad, better known as Shuib Sepahtu, was fined RM10,000 after he pleaded guilty to promoting an electronic cigarette product two years ago.
Magistrate Ezrene Zakariah handed down the punishment on Shuib, 42, and ordered him to serve one month in jail if he failed to pay. He paid the fine.
Shuib was charged with promoting a brand of smoking product on a YouTube podcast at 4.26pm on Oct 22, 2024, in violation of Section 9(1) of the Control of Smoking Products for Public Health 2024 (Act 852),
The Act prohibits participating in any arrangement that promotes tobacco, smoking substances or tobacco substitutes intended or likely to encourage smoking or promoted as a quit-smoking product, Bernama reported.
The offence was traced to the link https://www.youtube.com/watch?vz7nMOPQxbFwo, which was reviewed on the same date at Level 3, Block F1, Public Health Inspectorate and Legal Sector, Ministry of Health.
The charge was framed under Section 9(3) of Act 852 and is punishable under Section 9(3)(a)(i) of the same law, which provides that a first offence carries a fine of up to RM20,000, imprisonment for a term not exceeding one year or both, upon conviction.
Earlier, the ministry’s prosecuting officer Kua Ah Kiong urged the court to impose a sentence on the person being sued (OKS) as a deterrent for promoting a cigarette product, which has a negative impact on society, particularly on public health.
He said the OKS’ actions clearly violated Act 852 and that public interest must be placed above any personal benefit derived from the promotion.
“The use of smoking products can lead to serious health complications, resulting in high treatment costs if users fall ill.
“In addition, children and adolescents under 18 are easily influenced by any form of promotion of cigarette products, including vaping, particularly when such products are promoted by influential figures admired by society,” he said.
Shuib’s lawyer Ahmad I’zzudin Ahmad Nadzri said his client only acted as the producer of the podcast and that the agreement with the vape company was concluded before Act 852 came into effect.
He said that the OKS was charged on Oct 22, 2024, prior to the official notification of the Act’s enforcement in April last year.
Ahmad I’zzudin also said the defendant had taken responsible steps by removing the podcast content from YouTube within a short period to comply with the Act, making the video link inaccessible and eliminating its impact on society.
