Jurist Malaysia charges filmmakers with blasphemy, drawing condemnation from human rights groups

[Dadparvar]

Two filmmakers of a film banned in Malaysia were charged on Wednesday with “hurting religious feelings” due to the contents of their film. Nine human rights organizations have condemned the criminal charges as breaches of the right to freedom of opinion and expression.

The film, Mentega Terbang, debuted at a film festival in 2021. It centers around a Muslim girl dealing with questions about life after death. The film contained religious themes and scenes that received criticism from conservative groups who “complained that the film went against Islamic religious doctrine.” The film was subsequently banned in September 2023 under Section 26 of the Film Censorship Act 2002.

The film’s producer, Tan Meng Kheng, and director, Khairi Anwar Jailani, were charged under blasphemy provisions in Section 298 of the Penal Code, which makes the insult of any religion a criminal offense. Khairi Anwar was given a bail order of RM 6,000, and he must report to the police station on a monthly basis, while Tan Meng was ordered to pay RM 6,500 as bail.

In response to these charges, nine human rights organizations, including Amnesty International Malaysia and Freedom for Film Network, condemned Malaysian laws restricting freedom of expression and called for the government to drop charges against the two filmmakers. In a collective statement by the organizations, they stated:

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.

They further stated that Article 19 of the International Covenant on Civil and Political Rights, which states that blasphemy laws are incompatible with human rights, is “considered part of customary international law and therefore binding upon Malaysia.” They urged Malaysia to comply with these obligations.


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