Drop the charges against Lena Hendry
FMT LETTER: From Charles Hector, via e-mail
We are shocked that the Malaysian government, after the recent
General Election, has resorted to charging human rights defender Lena
Hendry on Sept 19, 2013 for being involved in the screening of a
documentary “No Fire Zone: The Killing Fields of Sri Lanka” at a human
rights event in Kuala Lumpur on 9 July 2013.
Lena Hendry was charged for an offence under the Film Censorship Act
2002, in connection with the screening of a video which was not
vetted and approved by the Film Censorship Board of Malaysia. If
convicted, she faces the sentence of a ‘…fine of not less than five
thousand ringgit and not more than thirty thousand ringgit or to
imprisonment for a term not exceeding three years or to both…’
She is charged under Section 6 of the Act that makes it an offence
to, amongst others, to produce, manufacture, have in one’s possession,
circulate, distribute and display such film or film-publicity material
which has not been approved by the Board. This may include video
material ranging from family videos, videos of political and human
rights material including recordings of forums and speeches, videos
about citizen rights including the right to free and fair elections or
worker rights, and even videos about rights violations in other
countries including Palestine.
A ‘…videotape, diskette, laser disc, compact disc, hard disc and
other record of a sequence of visual images, being a record capable of
being used as a means of showing that sequence as a moving picture,
whether or not accompanied by sound…”, is also included in the
definition of ‘film’ as provided for in Section 3 of the Film Censorship
Act. It is absurd that in Malaysia, the law requires one to get
approval of the Malaysia’s Film Censorship Board for all such material.
The Act is also discriminatory as it does not apply, amongst others,
to “…any film sponsored by the Federal Government or the Government of
any State…”. The government does not need to obtain approval from the
Censorship Board, but everyone else is expected to do so.
At present, the practice of getting approval from the Film Censorship
Board usually applies to films screened in cinemas and cineplexes to a
paying audience. Even when it comes to television, it is believed that
there may be no pre-requirement for getting approval from the Censorship
Board for all that is shown except for feature movies.
The charging of Lena Hendry in September 2013 by the Malaysia
government is seen as an effort to limit access to information and
alternative views particularly those highlighting human rights
violations and alternative perspectives. This violates individual and
civil society and public rights to information, freedom of expression
and opinion.
If the screening and usage of such material incites a criminal act,
or violates another person’s rights, there are existing laws to address
this. There is no requirement for any prior government approval or
‘censorship’.
In Reporters Without Borders’ 2013 World Press Freedom Index,
Malaysia has fallen to its lowest-ever position because of the
decreasing access to information. Malaysia embarrassingly dropped 23
places, and now ranks 145 out of 179.
Article 1 of the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognised Human Rights and Fundamental Freedoms states
clearly that “Everyone has the right, individually and in association
with others, to promote and to strive for the protection and realisation
of human rights and fundamental freedoms at national and international
levels.”
Lena Hendry, has the right to ‘…freely publish, impart or
disseminate to others views, information and knowledge on all human
rights and fundamental freedoms…’, and that should include the right to
use films, documentaries and other video materials.
To advocate a policy or a law that says that film or video material
must be pre-approved by the government before it can be used is in
itself a violation of principles of human rights and the UN Human Rights
Defender Declaration.
Therefore, we:
- Call on the Malaysian Government to immediately and unconditionally drop the criminal charges against Lena Hendry;
- Call for the repeal of provisions in the Film Censorship Act 2002 that obligates persons to seek approval of the government vis-à-vis the Film Censorship Board before a film, videotape, diskette, laser disc, compact disc, hard disc and other record of a sequence of visual images can be used;
- Call on the Malaysian government to recognise, promote and respect human rights, including those contained in the UN Human Rights Defenders Declaration,
Source: FMT News, 3/10/2013, Drop the charges against Lena Hendry
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