{"id":1638,"date":"2017-08-16T06:16:23","date_gmt":"2017-08-16T06:16:23","guid":{"rendered":"http:\/\/arakanwatch.org\/?p=1638"},"modified":"2017-08-24T06:18:50","modified_gmt":"2017-08-24T06:18:50","slug":"malaysia-drop-censorship-of-documentary-films-on-human-trafficking-and-refugees","status":"publish","type":"post","link":"https:\/\/arakanwatch.org\/en\/malaysia-drop-censorship-of-documentary-films-on-human-trafficking-and-refugees\/","title":{"rendered":"Malaysia: Drop Censorship of Documentary Films on Human Trafficking and Refugees"},"content":{"rendered":"

Immediately repeal Film Censorship Act<\/em><\/h1>\n

(<\/span>Kuala Lumpur, August 16, 2017)\u2014Malaysian authorities should abolish film censorship and immediately repeal the Film Censorship Act, said Fortify Rights today. On August 11, the Malaysian government wrongfully censored a documentary film on the human trafficking of Rohingya girls to Malaysia and banned a documentary on refugees in Kenya.<\/p>\n

\u201cThis censorship is unconstitutional and violates the rights of the filmmakers,\u201d said Amy Smith, Executive Director of Fortify Rights. \u201cMalaysia\u2019s censorship law is inconsistent with human rights law and Malaysia\u2019s own constitution, suppressing free speech and expression\u2014the bedrocks of a free society. These films are in the public interest and deserve a wide audience.\u201d<\/p>\n

The Malaysian Home Ministry\u2019s Film Censorship Board censored select scenes from Malaysian investigative journalist Mahi Ramakrishnan\u2019s film \u201cBou,\u201d which means \u201cbride\u201d in the Rohingya language and is a film about the human trafficking of Rohingya girls from Myanmar into forced marriage in Malaysia. Government censors banned a scene from \u201cBou\u201d implicating Immigration Department of Malaysia officials in the human trafficking of Rohingya girls. Malaysian authorities also banned in its entirety \u201cKakuma Can Dance,\u201d a film by Swedish filmmaker Duc Mallard about refugees and hip-hop dance in Kenya.<\/p>\n

Both films were scheduled for showings during the second-annual Refugee Festival in Kuala Lumpur, August 10 to 13\u2014an event organized by Ms. Ramakrishnan to give visibility to refugees in Malaysia and showcase their talents. Ms. Ramakrishnan screened a censored version of \u201cBou\u201d at the Refugee Festival on August 13, while the screening of \u201cKakuma Can Dance\u201d was cancelled. Mr. Mallard was not in Malaysia at the time of the event.<\/p>\n

During the event, Fortify Rights also screened a short film entitled \u201cIn Limbo\u201d on the plight of refugees in Malaysia.<\/p>\n

Section 6 of the Film Censorship Act provides that no person shall \u201cpossess\u201d or \u201ccirculate, exhibit, distribute, display, manufacture, produce, sell or hire\u201d any film that has not been approved by the Film Censorship Board. The penalty for violating this section includes up to three years\u2019 imprisonment and\/or 30,000 Malaysian Ringgit (US$6,980).<\/p>\n

\u201cThe Film Censorship Act is an archaic law that encroaches on the civil liberties of filmmakers, robs them of their creative license, and makes the Constitutional right to freedom of expression a mere illusion,\u201d Mahi Ramakrishnan told Fortify Rights. \u201c’Bou’ has the potential to instigate serious national and regional conversations about complicity in the trafficking of children. The government shouldn’t be afraid of such a discourse.\u201d<\/p>\n

At 2 p.m. on August 10, an hour before the opening of the Refugee Festival, Film Censorship Board officials arrived at the festival venue\u2014the Black Box at Publika Shopping Center\u2014and ordered Ms. Ramakrishnan to obtain clearance under the Film Censorship Act in order to screen \u201cBou.\u201d The next day, Board officials reviewed the film and issued Ms. Ramakrishnan a written order to mute the audio and erase subtitle translations of select scenes.<\/p>\n

In the uncensored version of the documentary, a human trafficker is filmed explaining that passports of potential child brides are forged in Bangladesh and that \u201cthe trafficker will [then] pay money to clear [Malaysian] immigration.\u201d In another scene that was subsequently censored, the Rohingya-refugee husband of a trafficked child-bride explains that Malaysian police routinely extort money from him during his daily commute to work, saying, \u201cI pay the police 10 to 20 Ringgit all the time.\u201d<\/p>\n

The authorities also cut a scene from \u201cBou\u201d showing Malaysian Prime Minister Najib Razak walking with other Government Ministers. The authorities verbally explained to Ms. Ramakrishnan that Prime Minister Najib had nothing to do with the subject of the film. Officials also verbally informed Ms. Ramakrishnan to cut an additional scene showing Ganesha, the Hindu elephant god.<\/p>\n

The Guidelines on Film Censorship set out a list of topics in films that require further scrutiny by the Board to avoid creating \u201cany controversy and doubt among the general public.\u201d The Guidelines also prohibit the screening of three categories of films: those that are \u201cseditious, anti-religious, insult the beliefs or customs of a particular community or group, have elements that contradict the policies of the government, excessive violence and cruelty;\u201d films that may \u201ccause foreign countries to have a poor perception of the socio-culture and noble values of the local population;\u201d and a film that \u201csmears the good name and image of the country and its people.\u201d<\/p>\n

The Board required Ms. Ramakrishnan to pay 81.20 Malaysian Ringgit (US$19) for the Board\u2019s time. The Board subsequently granted her a Film Censorship Certificate to screen the censored version of the film.<\/p>\n

On August 11, the Board additionally verbally ordered Ms. Ramakrishnan to completely refrain from showing the documentary film \u201cKakuma Can Dance,\u201d without reviewing the film or providing reasons for prohibiting it. A Board officer threatened Ms. Ramakrishnan with arrest, saying that they would \u201ccome and nab\u201d her if she screened \u201cKakuma Can Dance\u201d during the festival. Board officials came to the festival during the scheduled screening times for both films to ensure compliance with their orders.<\/p>\n

Under Section 21 of the Film Censorship Act, Ms. Ramakrishnan has 30 days to appeal the Board\u2019s censorship decisions.<\/p>\n

Malaysian authorities previously infringed on the right to freedom of expression through the Film Censorship Act. On March 22, the\u00a0Kuala Lumpur Magistrates\u2019 Court sentenced Ms. Lena Hendry<\/a>\u00a0to one-year imprisonment or a fine of 10,000 Malaysian Ringgit (US$2,500) for screening an award-winning documentary on the Sri Lankan civil war entitled \u201cNo Fire Zone: The Killing Fields of Sri Lanka.\u201d She paid the fine to avoid detention.<\/p>\n

On September 14, 2015, Malaysia\u2019s highest court rejected a constitutional challenge that the charge against Ms. Hendry violated Articles 8 and 10 of the Malaysian Federal Constitution, which protect equality before the law and the right to freedom of speech and assembly and association, respectively. This was the first case involving the Film Censorship Act to reach the Federal Court.<\/p>\n

Article 10(a) of the Malaysian constitution states that \u201cevery citizen has the right to freedom of speech and expression.\u201d The vague dictates of the Film Censorship Act should not supersede constitutionally protected rights, Fortify Rights said.<\/p>\n

The right to freedom of opinion and expression is also protected under Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Convention on Civil and Political Rights. The right includes the freedom to \u201cseek, receive and impart information and ideas through any media and regardless of frontiers.\u201d Under international law, restrictions on freedom of expression are permissible only when provided by law, proportional, and necessary to accomplish a legitimate aim.<\/p>\n

According to a\u00a02013 report<\/a>\u00a0by the United Nations Special Rapporteur in the field of cultural rights, Farida Shaheed: \u201cA system whereby content automatically requires official clearance before it can be released [is] unacceptable, as its harm to freedom of artistic expression and creativity would by far outweigh the benefit of its goals. In countries where prior censorship bodies exist, the immediate abolition of these bodies should be envisaged, as regulating access for children and youth can best be implemented through rating and classification procedures.\u201d<\/p>\n

The Malaysian authorities should immediately drop the censorship of “Bou” and “Kakuma Can Dance” and Parliament should immediately repeal the Film Censorship Act and protect the right to freedom of expression, Fortify Rights said.<\/p>\n

\u201cThe government uses the vague provisions of this law to suppress vital information about human rights violations,\u201d said Amy Smith. \u201cThe law obstructs artistic freedom and violates the rights of all Malaysians. It should be scrapped without delay.\u201d<\/p>\n

For more information, please contact:<\/strong><\/p>\n

Henry Koh, Malaysia Human Rights Specialist, Fortify Rights, +60.17.928.1018 (Malay; English);Henry.Koh@fortifyrights.org<\/a>; Twitter:\u00a0@henrykoh45<\/a>,\u00a0@FortifyRights<\/a><\/p>\n

Amy Smith, Executive Director, Fortify Rights, +66.87.795.5454,
\nAmy.smith@fortifyrights.org<\/a>; Twitter:\u00a0@AmyAlexSmith<\/a>,\u00a0@FortifyRights<\/a><\/p>\n

Matthew Smith, Chief Executive Officer, Fortify Rights, +66.85.028.0044,
\nmatthew.smith@fortifyrights.org<\/a>; Twitter:\u00a0@matthewfsmith<\/a>,\u00a0@FortifyRights<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Immediately repeal Film Censorship Act (Kuala Lumpur, August 16, 2017)\u2014Malaysian authorities should abolish film censorship and immediately repeal the Film Censorship Act, said Fortify Rights today. On August 11, the Malaysian government wrongfully censored a documentary film on the human trafficking of Rohingya girls to Malaysia and banned a documentary on refugees in Kenya. \u201cThis […]<\/p>\n","protected":false},"author":1,"featured_media":1639,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[8,4,37,3,17,12,15],"tags":[],"_links":{"self":[{"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/posts\/1638"}],"collection":[{"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/comments?post=1638"}],"version-history":[{"count":1,"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/posts\/1638\/revisions"}],"predecessor-version":[{"id":1640,"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/posts\/1638\/revisions\/1640"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/media\/1639"}],"wp:attachment":[{"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/media?parent=1638"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/categories?post=1638"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arakanwatch.org\/en\/wp-json\/wp\/v2\/tags?post=1638"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}