PUTRAJAYA: The Court of Appeal on Thursday (July 16) upheld the government's prohibition on the screening, distribution and promotion of the film Mentega Terbang.
A three-member bench comprising Justices Ismail Brahim, Ong Chee Kwan and Ahmad Shahrir Mohd Salleh unanimously dismissed an appeal by the film's director, Mohd Khairianwar Jailani, and producer Tan Meng Kheng, affirming the High Court's decision to reject their judicial review application.
Delivering the unanimous decision, Justice Ong held that the Home Minister had lawfully exercised his powers under Section 26 of the Film Censorship Act 2002 (FCA) in issuing the prohibition order.
"The order is not tainted by illegality or irrationality," he said.
Justice Ong said there was sufficient objective material to support the minister's decision, including the Film Censorship Board's evaluation report, an assessment by the Islamic Development Department Malaysia (Jakim), the Special Branch's opinion, numerous police reports, and the Home Minister's own assessment after viewing the film.
He also ruled that Section 26 of the FCA, which empowers the Home Minister to prohibit the exhibition, distribution or possession of a film in the public interest, is constitutional.
In addition, the court held that Mohd Khairianwar and Tan were not entitled to be heard before the prohibition order was issued.
On Aug 21, 2023, the Home Minister issued an order under Section 26 of the FCA prohibiting the exhibition, display, distribution, possession, circulation and sale of the film Mentega Terbang.
In December 2023, Mohd Khairianwar and Tan filed a judicial review application against the Home Minister and the Government of Malaysia, seeking to quash the prohibition order.
They argued that the decision to ban the film was irrational, violated the constitutional right to freedom of expression, and had caused them financial losses because the film could not be screened or distributed anywhere in the country.
The applicants also sought a certiorari order to quash the ban order and a declaration that Section 26 of FCA is ultra vires Article 10 (1) and (2) and Article 8 (1) of the Federal Constitution.
On Jan 6 last year, the High Court dismissed their judicial review, leading to the present appeal.
The film, broadcast on a video streaming platform, has sparked public backlash and anger for allegedly portraying scenes that involve conflicting religious beliefs and elements.
During the appeal hearing, lawyer N. Surendran, representing Mohd Khairianwar and Tan, argued that Section 26 of the FCA infringed the right to freedom of speech guaranteed under Article 10 of the Federal Constitution.
Senior Federal Counsel Mohammad Sallehuddin Md Ali, appearing for the respondents, submitted that the film contained content that insulted Islam and touched on religious sensitivities, adding that allowing it to continue being screened could trigger unrest and anger within the Muslim community. - Bernama
