KUALA LUMPUR – The director and producer of controversial film Mentega Terbang – now banned in Malaysia – claimed that they were kept in the dark before the prohibition came to light.
Director Mohd Khairi Anwar Jailani and producer Tan Meng Kheng, in court documents, claimed that since they were not informed about the order, they were deprived of the opportunity to be heard.
“(We) also did not have any opportunity to challenge or be heard before the first respondent (the Home Ministry) issued the order.
“As a result of the order, the movie can no longer be screened, distributed or sold anywhere in Malaysia, which directly affected our chances of getting any returns from the film.
“The order also made it an offence for both of us as well as anybody else to own the film, even if they are involved in the making of Mentega Terbang.”
Khairi also claimed that the Home Ministry, which is part of the government, has a responsibility to not violate the fundamental rights as accorded under Articles 8, 10(1) and (2) of the federal constitution.
The Home Ministry, in September this year, banned the screening of the movie, which touches on Muslims sensitivities. The ban was made under Section 26 of the Film Censorship Act 2002.
The movie’s director and producer then took the home minister to court by filing a judicial review over the matter in December and named the Home Ministry and the government as the first and second respondents.
In the judicial review application, the two plaintiffs claimed that the Home Ministry’s prohibition order over the movie has violated their rights under Articles 8, 10(1) and (2) of the federal constitution.
Article 8 of the constitution says that all persons are equal before the law and entitled to the equal protection of the law whereas Articles 10(1) and (2) are on freedom of speech, assembly and association.
“The order issued by the first respondent (home minister) itself is null and void because it is ultra vires (beyond one’s legal authority) and contradicts the constitution.
“The Home Ministry’s decision to ban the screening of the movie, which was deemed to have (been in contradiction) with the public interest, is illegal, irrational, unreasonable as well as arbitrary.
“It is a violation of fundamental justice, an abuse of power, a legal error and it (is) against Articles 5, 8, and 10 of the constitution,” said Khairi.
Originally released in 2021, Mentega Terbang premiered in Indonesia at the Jogja-Netpac Film Festival.
In March this year, the film garnered criticism and anger from the public as it allegedly featured scenes with elements that contradicted religious beliefs.
Teen actress Syumaila Salihin was later summoned by police for questioning over her role as a character in the film, with the film’s director Khairi having been questioned by police a week before.
The police investigation followed reports being lodged against the film for supposedly containing scenes disturbing to Muslims, including discussions on Muslims eating pork and comparisons between the teachings on life after death according to different religions.
Police had also investigated death threats against several individuals involved with the film, including Khairi, who had his car splashed with red and black paint, while the perpetrators also left handwritten threats on slips of paper. – December 17, 2023