High Court judge Sofian Abd Razak replaced the jail sentence with a RM5,000 fine after allowing Lee’s appeal against the imprisonment imposed by the Sessions Court.
“My advice to you is, do not post anything sensitive in the future.
“If you are found guilty again, then the second offence will be more serious,” he said.
However, Sofian maintained Lee’s conviction under Section 4(1)(b) of the Sedition Act.
“The court finds that the Sessions Court judge arrived at the correct conclusion to find her guilty,” he said.
Lee was sentenced to jail in 2016 for sedition over the posting featuring an image of the “bak kut teh” pork dish with a “Selamat Berbuka Puasa” greeting during the Muslim fasting month.
The picture of Lee and her then boyfriend Alvin Tan was posted on Facebook on July 11, 2013.
The duo claimed trial in 2013 to three charges under Section 298A of the Penal Code, Film Censorship Act and Sedition Act.
The Penal Code charge against them for uploading content that could incite hostility among people of different beliefs was struck out.
The Sessions Court in March 2015 heard the two remaining charges against Lee in the absence of Tan, who skipped bail in 2014 and fled to the US.
Lee was freed from the Film Censorship Act charge in 2016.
Lawyer Chong Joo Tian represented Lee while deputy public prosecutor Wan Shaharuddin Wan Ladin appeared for the prosecution.
Wan Shaharuddin said the prosecution would appeal against today’s decision to fine Lee and seek restoration of the jail sentence.
Ex-blogger Vivian Lee tells court she had no access to seditious post