‘Mentega Terbang’ producer, director get leave to challenge movie ban
Published on: Wednesday, January 31, 2024
By:
FMT, V Anbalagan
The High Court has allowed ‘Mentega Terbang’ director Khairi Anwar Jailani and producer Tan Meng Kheng to challenge a ban imposed by the government on the movie. (Bernama pic)
Kuala Lumpur: The High Court has granted leave to the director and producer of local indie movie “Mentega Terbang” to commence a legal challenge against the government over its decision to ban the film.
In making the order, Justice Amarjeet Singh overruled an objection raised on the attorney-general’s behalf.
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Earlier, federal counsel Sallehuddin Ali submitted that the court had no jurisdiction to hear the matter due to the existence of an ouster clause in the Film Censorship Act 2002.
He said Section 48 of the Act states that no decision of the minister, the board or the appeal committee set up under this Act is reviewable by a court on any ground.
However, lawyer Zaid Malek, appearing for director Khairi Anwar Jailani and producer Tan Meng Kheng, submitted that three recent Federal Court decisions had ruled that ouster clauses were unconstitutional.
Amarjeet said the government could take up the point during the application’s substantive hearing.
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Amarjeet also fixed the matter for case management on Feb 14.
Previously screened on online streaming platforms, the film was criticised by some segments of the public on grounds that it offended Islamic teachings and beliefs.
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The home ministry banned the film on Sept 1.
Khairi Anwar and Tan are seeking to quash the ban and a declaration that the Film Censorship Act is unconstitutional.
In their application, they said the ban was “irrational” as it violated the right to free speech enshrined in the Federal Constitution.
They also said the ban had affected their income as the movie could not be screened or distributed anywhere in the country.
The 104-minute film is an independent movie about the religious conflict faced by Muslim teenager Aisyah, who explores other religions when seeking answers to the question about life after death.
In March last year, the Islamic development department said certain elements in the film went against the creed and way of life of Malaysian Muslims who follow the Syafie school of thought.
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