KUALA LUMPUR: The Centre for Independent Journalism (CIJ) has urged the government to review charges against the producer and director of the film "Mentega Terbang".
Its executive director, Wathshlah G. Naidu, said legal actions against Tan Meng Kheng and Khairi Anwar Jailani under Section 298 of the Penal Code raised questions about artistic freedom and freedom of expression in Malaysia.
"Imposing legal sanctions on creative individuals not only stifles their voices but also inhibits the democratic spirit of a nation as it impedes their ability to speak on societal concerns and one's own lived experiences," she said in a statement today.
Wathshlah said the High Court decision to grant leave for a judicial review to challenge the government's film ban brings hope that some of the concerns might be addressed.
Citing Malaysia's statement of upholding fundamental human rights principles in the recent Universal Periodic Review, she said the government should look at the use of blasphemy laws in the country.
"In General Comment 34 on Article 19 of the International Covenant on Civil and Political Rights (ICCPR), the United Nations Human Rights Committee clearly stated that blasphemy laws are incompatible with the right to freedom of expression except in specific circumstances.
"We are perturbed by the government's lack of respect for the legal threshold recognised worldwide as well as the usage of a law that is clearly archaic," she said while questioning if the three-part test of legality, necessity and proportionality were applied in the enforcement of law in this case.
Instead of forcing artistes in Malaysia to live in a culture of fear, Wathshlah said the government should also consider lifting the ban on the film to set a positive precedent for the future of preserving artistic freedom.
She said it was essential to strike a balance between protecting cultural sensitivities and safeguarding the fundamental right to freedom of expression.
"We encourage a transparent, inclusive and critical dialogue between the government, cultural stakeholders, and communities to find common ground that respects both creative freedom and religious values.
"It is only through accepting a democratic spirit in all avenues of society that we can foster a nation where everyone can achieve constructive freedom of expression.
"Silencing or cancelling artistic freedom will only continue to breed a culture of fear," she said.