Unlawful for govt to consider banning 'Man on the Run' documentary, says lawyers group

PETALING JAYA: It would be unlawful for the government to demand the removal of the Netflix documentary "Man on the Run" from the streaming service as the issue is currently under the jurisdiction of the courts, says Lawyers For Liberty (LFL).

"We urge the government to make it clear that they will not arbitrarily interfere in this matter and leave it to the courts.

"The government must not act beyond the ambit of its powers or entertain a request that is contrary to the law," LFL director Zaid Malek said in a statement on Saturday (Jan 13).

He noted that LFL was surprised at the response by Prime Minister Datuk Seri Anwar Ibrahim and Communications Minister Fahmi Fadzil to an application by Datuk Seri Najib Razak's lawyers to remove the documentary from the streaming service.

"Netflix, as an Internet streaming service, is an over-the-top (OTT) platform and as such is not subjected to the Communications and Multimedia Act 1998 (CMA).

"Removal of the documentary amounts to censorship. This is contrary to Section 3(3), which states that the CMA does not permit censorship of the Internet. This exception is clear and unambiguous," he said.

Zaid added that removal of the documentary by the government would be contrary to the right to freedom of expression contained in Article 10(1)(a) of the Federal Constitution.

"It would be illegal and an abuse of power for the government to interfere in the dispute between Najib and Netflix, and arbitrarily remove this documentary," he said.

On Jan 11, Najib's lawyers sent a letter to Fahmi, MCMC chairman Tan Sri Mohamad Salim Fateh Din and MCMC chief compliance officer Datuk Zulkarnain Mohd Yasin, requesting the removal of the documentary.

They claimed that the documentary was defamatory, bias, sub judice, offensive and in contempt of court in light of Najib's ongoing 1MDB trial.

On Oct 19, the 1MDB documentary was released in cinemas here and appeared on Netflix on Jan 5.

"Man On The Run" spotlights fugitive Malaysian financier Low Taek Jho, or Jho Low, and his dealings with the controversial 1Malaysia Development Bhd (1MDB). The documentary is among Netflix's top 10 movies in Malaysia now.

On Friday (Jan 12), Anwar said that the government will look into the request by Najib's lawyers.

Zaid said whether any material or publication is sub judice must be decided by the courts, and not through "extraordinary requests" to the government.

"Any remedy must be obtained by private legal action that is initiated by the person affected, which would be Najib in this case, and not by executive intervention.

"In short, like everyone else, Najib must seek relief from the courts," he said.

Zaid said that Najib should instruct his lawyers to file the necessary application in court.