KUALA LUMPUR (THE STAR/ASIA NEWS NETWORK) - Malaysia's High Court has fined blogger Alvin Tan's former girlfriend Vivian Lee RM5,000 (S$1,700), or six months' jail in default, for posting a picture associating bak kut teh with buka puasa (breaking of Ramadan fast) back in 2013.

High Court judge Justice Mohd Sofian Abd Razak made the order after setting aside the five month and 22 day sentence against Lee meted out by the Sessions Court previously.

In dismissing the prosecution's appeal against the sentence, he said he has looked at previous sedition cases and he was of the view that justice would prevail if she was fined RM5,000 instead of being jailed.

Justice Mohd Sofian said he deemed that the sessions judge was correct in finding the appellant guilty but noted that the case happened back in 2013.

Lee and Tan were jointly charged with committing the offence by posting a picture of them on their Facebook at on July 13, 2013.

The photo caption was "Selamat Berbuka Puasa" with "fragrant, delicious and appetising" bak kut teh (pork soup). There was also a "halal" logo in the picture.

The offence under Section 4(1)(c) of the Sedition Act 1948 provides a fine of RM5,000, three months jail or both if found guilty.

Lee was jointly charged with Tan, who has since fled to the United States.

Deputy Public Prosecutor Wan Shaharuddin Wan Ladin said they would file an appeal.

Lee was represented by counsel Chong Joo Tian.