ALIRAN carries statement 'Drop charges against rights defender Lena Hendry'

ALIRAN website carried this on 7/10/2013, and now there are 116 groups who have endorsed this statement

Drop charges against rights defender Lena Hendry

More than a hundred civil society groups are saying “No” to any attempt to impose pre-censorship or a requirement to seek prior approval before the public screening of videos.

 

Lena Hendry – Photograph:Haris Hassan/ fz.com

We, the 111 undersigned civil society groups, trade unions and organizations are shocked that the Malaysian government, after the recent general election, has resorted to charging human rights defender Lena Hendry on 19 September 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, 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 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

Charles Hector
Pranom Somwong
For and on behalf the 111 organisations listed below:
Aliran
All Women’s Action Society (Awam), Malaysia
Angkatan Rakyat Muda (ARM), Malaysia
Aksi For Gender, Social And Ecological Justice, Indonesia
Asean Youth Assembly
Asia Pacific Forum on Women, law and Development (APWLD)
Academy of Tamil Studies, Malaysia
Boat People SOS
Burma Partnership
Cambodian Human Rights Association (Adhoc)
Campaign for a Life of Dignity for All (Kamp), Philippines
Civil Right Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Malaysia
Center for Orang Asli Concerns (COAC), Malaysia
Centre of Education, Research and Development (Cedar) Malaysia
Centre for Independent Journalism, Malaysia
Child Development Initiative Malaysia
Committee for a Workers’ International (CWI), Malaysia
Community Action Network, Malaysia
Community Resource Centre
Council of Temples Malaysia
Dapur Jalanan Kuala Lumpur
Dignity International
Empower Foundation, Thailand
Engage
Federation of Indian Non-Governmental Organisations
Foundation for Women, Thailand
Friends of Burma, Chiang Mai
Gabungan Pertubuhan-pertubuhan Masyarakat India Selangor
Gender and Development Advocates (GANDA) Filipinas
Group of Concerned Citizens Malaysia
Human Rights Ambassador for Salem-News.com, UK
Human Rights Working Group (HRWG) Indonesia
Indian Malaysian Active Generation (Image) Malaysia
Islamic Renaissance Front (IRF) , Malaysia
Jerit, Malaysia
Kelab Bangsar Utama, Malaysia
Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)
Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)
Kuala Lumpur Indian Entrepreneurs and Professionals
Law and Society Trust, Colombo Sri Lanka
LLG Cultural Development Centre, Malaysia
Madpet (Malaysians Against Death Penalty and Torture)
Malaysian Association of Indian University Graduates
Malaysian Dravidian Association
Malaysians for Beng Hock
Malaysian Hindu Youth Council
Malaysian Indian Business Association
Malaysian Indian Development & Unity Association
Malaysian Indian Entrepreneurs and Professionals
Malaysian Indian Historical Association
Malaysia Indian Progressive Educational Society
Malaysian Indian Youth Development Foundation
Malaysian Physicians for Social Responsibility
Malaysia Youth & Students Democratic Movement
Malaysia Tamil Artiste Association
MAP Foundation, Thailand
Maruah, Singapore
Migrant Care
MTUC (Malaysian Trade Union Congress) Pahang
National Union of Bank Employees, Malaysia (Nube)
Nationwide Human Development And Research Centre Malaysia
Network of Action for Migrants in Malaysia (NAMM)
Network for Democracy and Development
Parti Rakyat Malaysia(PRM)
Parti Sosialis Malaysia (PSM)
Pax Romana ICMICA
Peace Institute of Cambodia
Peace Women Across the Globe Indonesia
Peoples’ Empowerment Foundation (PEF), Thailand
Peoples Service Organisation (PSO), Malaysia
Pergerakan Indonesia
Perkumpulan Tafena Tabua, Kupang – Indonesia
Persahabatan Semparuthi Johore, Malaysia
Persatuan Alumni PBTUSM KL & Selangor
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
Persatuan Sahabat Wanita, Selangor (PSWS), Malaysia
Projek Dialog, Malaysia
SABM Melbourne, Australia
Sahabat Rakyat Working Committee, Malaysia
Salt (School of Acting Justly, Loving Tenderly and Treading Humbly), Malaysia
Sarawak Dayak Iban Association
Saya Anak Bangsa Malaysia (SABM)
Selangor Indian Entrepreneurs and Professionals
Semparuthi Iyakkam Malaysia
Sisters In Islam, Malaysia
Suaram (Suara Rakyat Malaysia)
Tenaganita, Malaysia
The Asian Muslim Action Network (Aman) Indonesia
The Association of Women Lawyers, Malaysia
The Filipino Women’s Organization in Quebec, Canada
Vivat International-Indonesia
WH4C (Workers Hub For Change)
Women’s Centre for Change (WCC) Penang
Women’s Network for the Advancement and Peace, Thailand
Women’s Rehabilitation Center (WOREC) Nepal
World Tamil Federation – Malaysian Chapter
Writer Alliance for Media Independence (Wami), Malaysia
Yaung Chi Oo Workers Association, Thailand
Yayasan LINTAS NUSA Batam – Indonesia
Youth for Peace Cambodia
Advocacy and Policy Institute (API), Cambodia
Labour Behind the Lablel, United Kingdom
Article 19
Forum for Democracy in Burma
Bersihkan Malaysia Perth, Australia
Women’s Aid Organisation, Malaysia
WAC, Phillipines
Housing Rights Task Force, Cambodia.
NLD LA Malaysia
Tourism Employees Association of Maldives” (Team)

Source: 

DROP THE CHARGES AGAINST MALAYSIAN HUMAN RIGHTS DEFENDER LENA HENDRY NO TO PRE-CENSORSHIP OR PRIOR APPROVAL FOR USAGE OF FILM/VIDEOS

Joint Statement – 2/10/2013

DROP THE CHARGES AGAINST MALAYSIAN HUMAN RIGHTS DEFENDER LENA HENDRY

NO TO PRE-CENSORSHIP OR PRIOR APPROVAL FOR USAGE OF FILM/VIDEOS

We, the  112  undersigned  civil society groups, trade unions and organizations are shocked that the Malaysian government, after the recent General Election has resorted to charging human rights defender Lena Hendry on 19 September 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 Recognized 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 realization 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

a)   Call on the Malaysian Government to immediately and unconditionally drop the criminal charges against Lena Hendry;

b)   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;

c)  Call on the Malaysian government to recognize, promote and respect human rights, including those contained in the UN Human Rights Defenders Declaration

Charles Hector

Pranom Somwong

For and on behalf the 112 organisations listed below

ALIRAN

All Women’s Action Society (AWAM), Malaysia

Angkatan Rakyat Muda (ARM), Malaysia

Aksi  For Gender, Social And Ecological Justice, Indonesia

ASEAN Youth Assembly

Asia Pacific Forum on Women, law and Development (APWLD)

Academy of Tamil Studies, Malaysia

Boat People SOS

Burma Partnership

Cambodian Human Rights Association ( ADHOC )

Campaign for a Life of Dignity for All (KAMP), Philippines

Civil Right Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Malaysia

Center for Orang  Asli Concerns (COAC), Malaysia

Centre of Education. Research and Development (CEDAR) Malaysia

Centre for Independent Journalism, Malaysia

Child Development Initiative Malaysia

Committee for a Workers' International (CWI), Malaysia

Community Action Network, Malaysia

Community Resource Centre

Council of Temples Malaysia

Dapur Jalanan Kuala Lumpur

Dignity International

Empower Foundation, Thailand

ENGAGE

Federation of Indian Non-Governmental Organisations

Foundation for Women, Thailand

Friends of Burma, Chiang Mai

Gabungan Pertubuhan-pertubuhan Masyarakat India Selangor

Gender and Development Advocates (GANDA) Filipinas

Group of Concerned Citizens Malaysia

Human Rights Ambassador for Salem-News.com, UK

Human Rights Working Group (HRWG) Indonesia

Indian Malaysian Active Generation (IMAGE) Malaysia

Islamic Renaissance Front (IRF) , Malaysia

JERIT, Malaysia

Kelab Bangsar Utama, Malaysia

Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)

Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)

Kuala Lumpur Indian Entrepreneurs and Professionals

Law and Society Trust, Colombo Sri Lanka

LLG Cultural Development Centre, Malaysia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysian Association of Indian University Graduates

Malaysian Dravidian Association

Malaysians for Beng Hock

Malaysian Hindu Youth Council

Malaysian Indian Business Association

Malaysian Indian Development & Unity Association

Malaysian Indian Entrepreneurs and Professionals

Malaysian Indian Historical Association

Malaysia Indian Progressive Educational Society

Malaysian Indian Youth Development Foundation

Malaysian Physicians for Social Responsibility

Malaysia Youth & Students Democratic Movement

Malaysia Tamil Artiste Association

MAP Foundation, Thailand

MARUAH, Singapore

Migrant CARE

MTUC(Malaysian Trade Union Congress) Pahang

National Union of Bank Employees, Malaysia (NUBE)

Nationwide Human Development And Research Centre Malaysia

Network of Action for Migrants in Malaysia ( NAMM)

Network for Democracy and Development

Parti Rakyat Malaysia(PRM)

Parti Sosialis Malaysia (PSM)

Pax Romana ICMICA

Peace Institute of Cambodia

Peace Women Across the Globe Indonesia

Peoples' Empowerment Foundation (PEF), Thailand

Peoples Service Organisation (PSO) , Malaysia

PERGERAKAN Indonesia

Perkumpulan Tafena Tabua, Kupang - Indonesia

Persahabatan Semparuthi Johore, Malaysia 

Persatuan Alumni PBTUSM KL & Selangor

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Persatuan Sahabat Wanita, Selangor (PSWS), Malaysia

Projek Dialog, Malaysia

SABM Melbourne, Australia

Sahabat Rakyat Working Committee, Malaysia

SALT(School of Acting Justly Loving Tenderly and Treading Humbly), Malaysia

Sarawak Dayak Iban Association

Saya Anak Bangsa Malaysia (SABM)

Selangor Indian Entrepreneurs and Professionals

Semparuthi Iyakkam Malaysia

Sisters In Islam, Malaysia

SUARAM (Suara Rakyat Malaysia)

Tenaganita, Malaysia

The Asian Muslim Action Network (Aman) Indonesia

The Association of Women Lawyers, Malaysia

The Filipino Women's Organization in Quebec, Canada

VIVAT International-Indonesia

WH4C (Workers Hub For Change)

Women's Centre for Change (WCC) Penang

Women's Network for the Advancement and Peace, Thailand

Women's Rehabilitation Center (WOREC) Nepal

World Tamil Federation – Malaysian Chapter

Writer Alliance for Media Independence (WAMI), Malaysia

Yaung Chi Oo Workers Association, Thailand

Yayasan LINTAS NUSA Batam - Indonesia

Youth for Peace Cambodia

Advocacy and Policy Institute (API), Cambodia

Labour Behind the Lablel, United Kingdom

ARTICLE 19

Forum for Democracy in Burma

Bersihkan Malaysia Perth, Australia

Women's Aid Organisation, Malaysia

WAC, Phillipines

Housing Rights Task Force, Cambodia.

NLD LA Malaysia

Tourism Employees Association of Maldives" (TEAM)

CEREAL (Centro de Reflexión y Acción Laboral)

Amnesty International :- Stop persecution of activist Lena Hendry

Stop persecution of activist Lena Hendry

Isabelle Arradon, Amnesty International 2:11PM Oct 3, 2013

The Malaysian authorities must immediately drop charges against human rights activist Lena Hendry who is facing three years’ imprisonment simply for carrying out her legitimate human rights work.

Amnesty International believes the charges against Lena Hendry are politically motivated, and that the case against her and her organisation highlights a wider pattern of intimidation and harassment of human rights defenders and peaceful political activists in the country. Amnesty International is concerned that a conviction in this case would have a chilling effect on the work of human rights defenders and peaceful political activists in Malaysia.

Lena Hendry and two other staff members of Pusat Komas, a human rights communications centre, were arrested on July 3, 2013 following a private screening they had organized of the documentary 'No Fire Zone: The killing fields of Sri Lanka' about war crimes allegedly committed at the end of the Sri Lankan armed conflict in 2009.

Officers from the Malaysian Home Ministry, the police and Immigration Department raided the screening, reportedly following requests from the Sri Lanka authorities, and arrested Lena Hendry and the two other activists. The three were released after several hours of questioning by the authorities.

On Sept 19 Lena Hendry was charged under section 6(1)(b) of the Film Censorship Act 2002 with screening the documentary. The law prohibits an individual from circulating, exhibiting, distributing, displaying, manufacturing, producing, selling, or hiring films or film-publicity material that has not been approved by the Censorship Board.

If found guilty, she could face imprisonment for a period of three years, be fined between RM 5,000-RM30,000 or both. Her trial is due to start on Oct 21, 2013.

Pusat Komas was established in 1993 and has for years organised screenings of films on national and international human rights issues in Malaysia. The screening of 'No Fire Zone' followed the same format as previous ones - it was a private screening with admission through registration.

Although Pusat Komas has faced some harassment by the authorities in the past, this is the first time charges have been brought against a member of the organization in connection with the showing of a film. On the basis of this, Amnesty International believes the charges against Lena Hendry for Pusat Komas’s screening of this particular film are politically motivated, and should be immediately dropped.

If Lena Hendry is found guilty and imprisoned, Amnesty International would consider her a prisoner of conscience and call for her immediate and unconditional release.

The vague wording of the Film Censorship Act has allowed it to be used in this case to criminalize the legitimate human rights activities of Pusat Komas, and to violate the right to freedom of expression as enshrined in the Universal Declaration on Human Rights, and guaranteed in Article 10(1)(a) of the Malaysian constitution.

Amnesty International therefore urges the Malaysian authorities to immediately review and amend the Film Censorship Act to ensure it is consistent with international human rights law, and cannot be used to criminalise the activities of legitimate human rights defenders like Lena Hendry.

The arrest and prosecution of Lena Hendry also highlights a wider pattern of harassment and intimidation of human rights defenders and political activists in Malaysia, including by using repressive legislation.

Amnesty International has expressed concern about a range of laws such as the Sedition Act and the Peaceful Assembly Act which have been used to restrict the rights to freedom of expression and peaceful assembly, and to criminalise peaceful political activists and human rights defenders in recent years.

Amnesty International urges the Malaysian authorities to immediately repeal or amend all legislation which criminalises, or is used to criminalize, the rights to freedom of expression, association and peaceful assembly, and ensure that all legislation is consistent with international human rights law. The organisation also urges the Malaysian authorities to immediately ratify the International Covenant on Civil and Political Rights (ICCPR), amend domestic legislation to comply with its provisions and implement it in policy and practice.

Malaysia’s human rights record is due to be reviewed under the Universal Periodic Review (UPR) mechanism at the UN Human Rights Council in October 2013. Amnesty International calls on UN member states to raise concerns about restrictions on freedoms of expression, association and peaceful assembly, and to make concrete recommendations to the Malaysian government to improve the protection and promotion of these rights.

Amnesty International also reiterates its urgings on the Sri Lanka authorities to investigate the allegations of war crimes, crimes against humanity, and other crimes under international law during the country’s armed conflict and prosecute suspected perpetrators in fair trials. The Sri Lanka authorities should also ensure a halt to intimidation and reprisals against victims’ families and human rights defenders seeking justice.

On Sept 25, 2013, the High Commissioner for Human Rights told the Human Rights Council that she had “detected no new or comprehensive effort to independently or credibly investigate allegations” and urged the Sri Lankan government to show results by March 2014 or the international community would “have a duty to establish its own inquiry mechanisms.” Amnesty International therefore reiterates its urging for the UN to set up an independent international investigation into crimes under international law in Sri Lanka.

---

ISABELLE ARRADON is Asia-Pacific deputy director at Amnesty International.

Source: Malaysiakini, 3/10/2013,  Stop persecution of activist Lena Hendry

Drop the charges against Lena Hendry (FMT News)

Drop the charges against Lena Hendry

October 3, 2013

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,

This letter is signed by 110  civil society groups, trade unions and organisations 

Source: FMT News, 3/10/2013,  Drop the charges against Lena Hendry

Amnesty International :- Stop persecution of activist Lena Hendry

 

Stop persecution of activist Lena Hendry

 

Isabelle Arradon, Amnesty International 2:11PM Oct 3, 2013

The Malaysian authorities must immediately drop charges against human rights activist Lena Hendry who is facing three years’ imprisonment simply for carrying out her legitimate human rights work.

Amnesty International believes the charges against Lena Hendry are politically motivated, and that the case against her and her organisation highlights a wider pattern of intimidation and harassment of human rights defenders and peaceful political activists in the country. Amnesty International is concerned that a conviction in this case would have a chilling effect on the work of human rights defenders and peaceful political activists in Malaysia.

Lena Hendry and two other staff members of Pusat Komas, a human rights communications centre, were arrested on July 3, 2013 following a private screening they had organized of the documentary 'No Fire Zone: The killing fields of Sri Lanka' about war crimes allegedly committed at the end of the Sri Lankan armed conflict in 2009.

Officers from the Malaysian Home Ministry, the police and Immigration Department raided the screening, reportedly following requests from the Sri Lanka authorities, and arrested Lena Hendry and the two other activists. The three were released after several hours of questioning by the authorities.

On Sept 19 Lena Hendry was charged under section 6(1)(b) of the Film Censorship Act 2002 with screening the documentary. The law prohibits an individual from circulating, exhibiting, distributing, displaying, manufacturing, producing, selling, or hiring films or film-publicity material that has not been approved by the Censorship Board.

If found guilty, she could face imprisonment for a period of three years, be fined between RM 5,000-RM30,000 or both. Her trial is due to start on Oct 21, 2013.

Pusat Komas was established in 1993 and has for years organised screenings of films on national and international human rights issues in Malaysia. The screening of 'No Fire Zone' followed the same format as previous ones - it was a private screening with admission through registration.

Although Pusat Komas has faced some harassment by the authorities in the past, this is the first time charges have been brought against a member of the organization in connection with the showing of a film. On the basis of this, Amnesty International believes the charges against Lena Hendry for Pusat Komas’s screening of this particular film are politically motivated, and should be immediately dropped.

If Lena Hendry is found guilty and imprisoned, Amnesty International would consider her a prisoner of conscience and call for her immediate and unconditional release.

The vague wording of the Film Censorship Act has allowed it to be used in this case to criminalize the legitimate human rights activities of Pusat Komas, and to violate the right to freedom of expression as enshrined in the Universal Declaration on Human Rights, and guaranteed in Article 10(1)(a) of the Malaysian constitution.

Amnesty International therefore urges the Malaysian authorities to immediately review and amend the Film Censorship Act to ensure it is consistent with international human rights law, and cannot be used to criminalise the activities of legitimate human rights defenders like Lena Hendry.

The arrest and prosecution of Lena Hendry also highlights a wider pattern of harassment and intimidation of human rights defenders and political activists in Malaysia, including by using repressive legislation.

Amnesty International has expressed concern about a range of laws such as the Sedition Act and the Peaceful Assembly Act which have been used to restrict the rights to freedom of expression and peaceful assembly, and to criminalise peaceful political activists and human rights defenders in recent years.

Amnesty International urges the Malaysian authorities to immediately repeal or amend all legislation which criminalises, or is used to criminalize, the rights to freedom of expression, association and peaceful assembly, and ensure that all legislation is consistent with international human rights law. The organisation also urges the Malaysian authorities to immediately ratify the International Covenant on Civil and Political Rights (ICCPR), amend domestic legislation to comply with its provisions and implement it in policy and practice.

Malaysia’s human rights record is due to be reviewed under the Universal Periodic Review (UPR) mechanism at the UN Human Rights Council in October 2013. Amnesty International calls on UN member states to raise concerns about restrictions on freedoms of expression, association and peaceful assembly, and to make concrete recommendations to the Malaysian government to improve the protection and promotion of these rights.

Amnesty International also reiterates its urgings on the Sri Lanka authorities to investigate the allegations of war crimes, crimes against humanity, and other crimes under international law during the country’s armed conflict and prosecute suspected perpetrators in fair trials. The Sri Lanka authorities should also ensure a halt to intimidation and reprisals against victims’ families and human rights defenders seeking justice.

On Sept 25, 2013, the High Commissioner for Human Rights told the Human Rights Council that she had “detected no new or comprehensive effort to independently or credibly investigate allegations” and urged the Sri Lankan government to show results by March 2014 or the international community would “have a duty to establish its own inquiry mechanisms.” Amnesty International therefore reiterates its urging for the UN to set up an independent international investigation into crimes under international law in Sri Lanka.

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ISABELLE ARRADON is Asia-Pacific deputy director at Amnesty International.

- Malaysiakini, 3/10/2013, Stop persecution of activist Lena Hendry  http://www.malaysiakini.com/letters/242888

FILM CENSORSHIP ACT 2002 - Section 6, 3 and 2

Lena Hendry is charged under section 6 of the Film Censorship Act 2002 Act 620, and the relevant provisions of that law is as follows

FILM CENSORSHIP ACT 2002
ACT 620

Section 6  Unapproved film or film-publicity material.
 
(1) No person shall-

(a) have in his possession or in his custody or under his control; or
(b) circulate, exhibit, distribute, display, manufacture, produce, sell or hire,

any film or film-publicity material which has not been approved by the Board.

(2) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction-

(a) in respect of any film, to 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; or
(b) in respect of any film-publicity material, to a fine of not less than one thousand ringgit and not more than ten thousand ringgit.

(3) This section shall not apply to any film or film-publicity material in respect of which a certificate of exemption has been issued under subsection 8(3) so long as any conditions subject to which the certificate is issued are complied with.

Of relevance also is the interpretation of 'film' which is given in section 3 Section  3  Interpretation.


"film" includes the original or duplicate of the whole or any part of-

(a) a cinematograph film; and
(b) 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;

 "film-publicity material" includes the original or duplicate of the whole or any part of a picture, photograph, poster, figure, handbill, slide, newspaper advertisement and any other form of advertisement printed or recorded on any material and intended to publicise a film;


This Act is not applicable to what - section 2

Section 2  Non-application.

(1) For the avoidance of doubt, it is hereby declared that this Act does not apply to the Federal Government or the Government of any State.
(2) This Act shall not apply to-

(a) any film sponsored by the Federal Government or the Government of any State;
(b) any film transhipped within Malaysia for delivery at a place outside Malaysia;
(c) any film whether produced in or imported into Malaysia which the owner does not intend to exhibit in Malaysia or any film which is produced in Malaysia and intended by the owner for worldwide distribution, other than Malaysia, where a permit or a certificate of exemption has been granted under section 8 by the Board;
(d) any film, not being obscene or lewd, which is in the possession of any person or his agent and is intended for his own private use and not for the purpose of sale, hire, distribution, public exhibition or circulation so long as the film remains in such possession.

(3) This Act shall not be construed as permitting the censorship of any film or film-publicity material published, displayed, circulated, exhibited, distributed or transmitted over the internet or over intranets.

No to pre-censorship of films and videos (Malaysiakini)

No to pre-censorship of films and videos

Charles Hector, Pranom Somwong and 112 groups 7:13PM Oct 3, 2013

We, the  112  undersigned  civil society groups, trade unions and organisations 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 July 9, 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 Recognized 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
 
a) Urge the Malaysian government to immediately and unconditionally drop the criminal charges against Lena Hendry;
 
b) Urge 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;

c) Urge the Malaysian government to recognise, promote and respect human rights, including those contained in the UN Human Rights Defenders Declaration.
 

Charles Hector and Pranom Somwong, for and on behalf the 112 organisations listed below:

Aliran
All Women’s Action Society (Awam), Malaysia
Angkatan Rakyat Muda (ARM), Malaysia
Aksi  For Gender, Social And Ecological Justice, Indonesia
Asean Youth Assembly
Asia Pacific Forum on Women, law and Development (APWLD)
Academy of Tamil Studies, Malaysia
Boat People SOS
Burma Partnership
Cambodian Human Rights Association (ADHOC )

Campaign for a Life of Dignity for All (KAMP), Philippines
Civil Right Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Malaysia
Centre for Orang  Asli Concerns (COAC), Malaysia
Centre of Education, Research and Development (CEDAR) Malaysia
Centre for Independent Journalism, Malaysia
Child Development Initiative Malaysia
Committee for a Workers' International (CWI), Malaysia
Community Action Network, Malaysia
Community Resource Centre
Council of Temples Malaysia

Dapur Jalanan Kuala Lumpur
Dignity International
Empower Foundation, Thailand
Engage
Federation of Indian Non-Governmental Organisations
Foundation for Women, Thailand
Friends of Burma, Chiang Mai
Gabungan Pertubuhan-pertubuhan Masyarakat India Selangor
Gender and Development Advocates (Ganda) Filipinas
Group of Concerned Citizens Malaysia

Human Rights Ambassador for Salem-News.com, UK
Human Rights Working Group (HRWG) Indonesia
Indian Malaysian Active Generation (Image) Malaysia
Islamic Renaissance Front (IRF) , Malaysia
JERIT, Malaysia
Kelab Bangsar Utama, Malaysia
Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu (NUTEAIW)
Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)
Kuala Lumpur Indian Entrepreneurs and Professionals
Law and Society Trust, Colombo Sri Lanka

LLG Cultural Development Centre, Malaysia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysian Association of Indian University Graduates
Malaysian Dravidian Association
Malaysians for Beng Hock
Malaysian Hindu Youth Council
Malaysian Indian Business Association
Malaysian Indian Development & Unity Association
Malaysian Indian Entrepreneurs and Professionals
Malaysian Indian Historical Association

Malaysia Indian Progressive Educational Society
Malaysian Indian Youth Development Foundation
Malaysian Physicians for Social Responsibility
Malaysia Youth & Students Democratic Movement
Malaysia Tamil Artiste Association
MAP Foundation, Thailand
Maruah, Singapore
Migrant CARE
MTUC (Malaysian Trades Union Congress) Pahang
National Union of Bank Employees, Malaysia (Nube)

Nationwide Human Development And Research Centre Malaysia
Network of Action for Migrants in Malaysia ( NAMM)
Network for Democracy and Development
Parti Rakyat Malaysia (PRM)
Parti Sosialis Malaysia (PSM)
Pax Romana ICMICA
Peace Institute of Cambodia
Peace Women Across the Globe Indonesia
Peoples' Empowerment Foundation (PEF), Thailand
Peoples Service Organisation (PSO), Malaysia

PERGERAKAN Indonesia
Perkumpulan Tafena Tabua, Kupang - Indonesia
Persahabatan Semparuthi Johor, Malaysia
Persatuan Alumni PBTUSM KL & Selangor
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (Permas)
Persatuan Sahabat Wanita, Selangor (PSWS), Malaysia
Projek Dialog, Malaysia
SABM Melbourne, Australia
Sahabat Rakyat Working Committee, Malaysia

SALT(School of Acting Justly Loving Tenderly and Treading Humbly), Malaysia
Sarawak Dayak Iban Association
Saya Anak Bangsa Malaysia (SABM)
Selangor Indian Entrepreneurs and Professionals
Semparuthi Iyakkam Malaysia
Sisters In Islam, Malaysia
Suaram (Suara Rakyat Malaysia)
Tenaganita, Malaysia
The Asian Muslim Action Network (Aman) Indonesia
The Association of Women Lawyers, Malaysia

The Filipino Women's Organisation in Quebec, Canada
VIVAT International-Indonesia
WH4C (Workers Hub For Change)
Women's Centre for Change (WCC) Penang
Women's Network for the Advancement and Peace, Thailand
Women's Rehabilitation Centre (WOREC) Nepal
World Tamil Federation - Malaysian Chapter
Writer Alliance for Media Independence (Wami), Malaysia
Yaung Chi Oo Workers Association, Thailand
Yayasan LINTAS NUSA Batam - Indonesia

Youth for Peace Cambodia
Advocacy and Policy Institute (API), Cambodia
Labour Behind the Lablel, United Kingdom
Article19
Forum for Democracy in Burma
Bersihkan Malaysia Perth, Australia
Women's Aid Organisation, Malaysia
WAC, Phillipines
Housing Rights Task Force, Cambodia.
NLD LA Malaysia

Tourism Employees Association of Maldives (TEAM)
Cereal (Centro de Reflexión y Acción Laboral)