The rationale behind was to suppress films the government doesn’t want the people to see, added Phil Robertson, deputy Asia director at HRW. “It prosecutes anyone who dares show them.”
HRW was calling on authorities in Malaysia to end prosecution of rights activist Lena Hendry for showing a documentary film without censorship board approval.
The prosecution of Lena, warned Robertson, violates international human rights law.
Bringing criminal penalties for possessing or privately showing a film without government approval violates a fundamental right, he stressed.
It also runs contrary to the government’s November 2015 vote in favour of a UN General Assembly Resolution. “The Resolution recognizes the important role played by human rights defenders,” said the HRW Chief.
The prosecution appears intended to hinder KOMAS, continued the statement. “KOMAS provides information and shares perspectives on human rights issues.”
“The government has intensified intimidation, harassment, and criminalization of human rights defenders.”
It demanded the government end Lena’s three-year ordeal. “The government should drop the charges.”
“It should also amend the Film Censorship Act.
The Federal Court rejected a constitutional challenge to the law in September last year.
The High Court reversed Lena’s acquittal on Wednesday and ordered a resumption of the case. The government appealed against her acquittal.
The Magistrate’s Court acquitted her of the charge in March.
The authorities are prosecuting Lena under Section 6 of the Film Censorship Act. It prohibits the “circulation, distribution, display, production, sale, hire” or “possession” of any film, whether imported or domestically produced, without approval from the Board of Censors.
The law defines “film” very broadly, and could be applied to home videos or videos taken on a smartphone.
If convicted, Lena faces up to three years in prison and a fine of up to RM30,000.
She was charged under the Film Censorship Act for organizing a private screening of the award-winning human rights documentary, “No Fire Zone: The Killing Fields of Sri Lanka,” on 3 July 2013 in Kuala Lumpur.
“No Fire Zone” tells the story of war crimes in the last months of Sri Lanka’s civil war in 2009.
It tells of the Sri Lankan Army shelling that killed thousands of civilians.
The film also details the executions of captured fighters and supporters of the secessionist Liberation Tigers of Tamil Eelam.