Mentega Terbang Drop Charges Against Filmmakers

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We, the undersigned nine human rights organisations that defend freedom of opinion and expression, condemn the criminal charges against the filmmakers of “Mentega Terbang”.
Today, the film’s producer Tan Meng Kheng and director Mohd Khairianwar Jailani were charged under Section 298 of the Penal Code for hurting religious feelings, which is a blasphemy provision.
Khairianwar was released on a bail of RM6,000 and the court ordered him to report to a police station once a month. Meanwhile, Tan was released on a bail of RM6,500.
Both were ordered not to comment publicly about the case pending disposal of their cases. The court had set March 14 for mention of both cases.
The film was banned in September 2023 under Section 26 of the Film Censorship Act (2002) on the ground that it is “contrary to the public interest”, two years after its release in 2021.
The producer and director have filed a legal challenge against the ban in December 2023.
From early 2023, the filmmakers suffered a distressing witch hunt and faced threats from the state, non-state actors and social media users.
Instead of protecting their safety and right to expression, the government now threatens them with legal action.
As we monitor human rights violations, it shows that these provisions are largely used against those deemed to have allegedly insulted Islam.
The enforcement of these provisions had been disproportionate and created a negative impact on minority communities, political dissidents, atheists, comedians, artists, religious scholars and others.
Often, the opinions expressed are merely a reflection of lived realities on the ground, and especially as a response to questionable actions by those who wield power.
While Malaysia is not a party to the International Covenant on Civil and Political Rights (ICCPR), Article 19(2) of the ICCPR is considered part of customary international law and therefore, binding upon Malaysia.
In General Comment 34 on Article 19 of the International Covenant on Civil and Political Rights (ICCPR), the UN Human Rights Committee stated clearly that blasphemy laws are incompatible with the right to freedom of expression except in specific circumstances laid out under Article 20(2) of the ICCPR.
Arbitrary laws
The exception only applies when the speech or expression in question constitutes incitement to discrimination, hostility or violence.
International human rights bodies and experts have repeatedly warned that blasphemy provisions are inconsistent with international human rights law, including the right to freedom of expression and the right to freedom of religion or belief.
Blasphemy provisions are arbitrary and open to abuse. They inappropriately empower government authorities to decide the parameters of religious discourse.
Minority groups and individuals holding unpopular opinions are often disproportionately targeted. The enforcement of blasphemy provisions is highly problematic, especially when criminal sanctions are applied.
As a result, blasphemy provisions promote intolerance by restricting the rights to freedom of expression, thought and religion.
Such prejudice can result in devastating consequences for society.
Human rights law holds that restrictions on the freedom of expression placed by the state are permitted only if provided by law and in pursuit of a legitimate aim.
Measures taken by the state must be necessary and proportionate to that aim.
In her report to the Human Rights Council after the visit to Malaysia in 2017, the special rapporteur in the field of cultural rights found that “there is an urgent need to review and clarify the criteria for censorship of books and films and to make the decision-making process more transparent to guarantee freedom of artistic expression”.
The official also stressed that “the government of Malaysia needs to develop concrete plans to guarantee freedom of artistic expression” and encouraged the government to “support a diversity of spaces and platforms for people to engage meaningfully with one another about culture, including in relation to issues upon which they do not agree”.
Freedom of artistic expression is an essential component of nation-building and in fostering a culture that celebrates creativity.
Hence, we call upon the government to:
Immediately and unconditionally, drop the charges against Tan and Khairianwar.
We also urge the government to end the criminalisation of religious offences and the use of other vague provisions in the law to curtail freedom of expression and artistic freedom in Malaysia.
It is time for the government to adopt a comprehensive and evidence-based national implementation plan on Human Rights Council Resolution 16/18 and the Rabat Plan of Action to promote inclusion and implement measures to guarantee equal and effective protection of the law while respecting the right to freedom of expression.
In addition, we urge the government to repeal or amend all laws restricting freedom of expression in Malaysia, including the Sedition Act, Film Censorship Act, Communication and Multimedia Act (CMA), Printing Presses and Publications Act (PPPA), Sections 504 and 505(b), and Sections 298 and 298A (1) of the Penal Code, and to ensure that they comply with international human rights laws and standards.
During the upcoming 4th Universal Periodic Review (UPR) session at the Human Rights Council in Geneva in January, the government has another opportunity to renew its commitments to human rights protection by signing and ratifying the International Covenant on Civil and Political Rights (ICCPR) and all other major international human rights treaties.
Signatories
ARTICLE 19
Amnesty International Malaysia
Centre for Independent Journalism
Freedom Film Network
Gerakan Media Merdeka
Justice for Sisters
KRYSS Network
Sisters in Islam
Suara Rakyat Malaysia
- MkiniThe views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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