Joint Press Statement :
DROP THE CHARGES AGAINST MALAYSIAN HUMAN RIGHTS DEFENDER LENA HENDRY
NO TO PRE-CENSORSHIP OR PRIOR APPROVAL FOR USAGE OF FILM/VIDEOS
2 October 2013
2 October 2013
We, the 112 undersigned groups, civil society groups 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
Endorsed By:
Endorsed By:
- 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 (人民之友工委会)
- 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)
Additional Endorsements (Updated on 3 October 2013):
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