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

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

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:

1. ALIRAN
2. All Women’s Action Society (AWAM), Malaysia
3. Angkatan Rakyat Muda (ARM), Malaysia
4. Aksi  For Gender, Social And Ecological Justice, Indonesia
5. ASEAN Youth Assembly
6. Asia Pacific Forum on Women, law and Development (APWLD)
7. Academy of Tamil Studies, Malaysia
8. Boat People SOS
9. Burma Partnership
10. Cambodian Human Rights Association ( ADHOC )
11. Campaign for a Life of Dignity for All (KAMP), Philippines
12. Civil Right Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Malaysia 
13. Center for Orang  Asli Concerns (COAC), Malaysia
14. Centre of Education. Research and Development (CEDAR) Malaysia
15. Centre for Independent Journalism, Malaysia 
16. Child Development Initiative Malaysia
17. Committee for a Workers' International (CWI), Malaysia
18. Community Action Network, Malaysia
19. Community Resource Centre
20. Council of Temples Malaysia
21. Dapur Jalanan Kuala Lumpur
22. Dignity International
23. Empower Foundation, Thailand
24. ENGAGE
25. Federation of Indian Non-Governmental Organisations
26. Foundation for Women, Thailand
27. Friends of Burma, Chiang Mai
28. Gabungan Pertubuhan-pertubuhan Masyarakat India Selangor
29. Gender and Development Advocates (GANDA) Filipinas 
30. Group of Concerned Citizens Malaysia
31. Human Rights Ambassador for Salem-News.com, UK
32. Human Rights Working Group (HRWG) Indonesia
33. Indian Malaysian Active Generation (IMAGE) Malaysia
34. Islamic Renaissance Front (IRF) , Malaysia
35. JERIT, Malaysia
36. Kelab Bangsar Utama, Malaysia
37. Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)
38. Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)
39. Kuala Lumpur Indian Entrepreneurs and Professionals
40. Law and Society Trust, Colombo Sri Lanka
41. LLG Cultural Development Centre, Malaysia
42. MADPET (Malaysians Against Death Penalty and Torture)
43. Malaysian Association of Indian University Graduates
44. Malaysian Dravidian Association
45. Malaysians for Beng Hock 
46. Malaysian Hindu Youth Council
47. Malaysian Indian Business Association
48. Malaysian Indian Development & Unity Association
49. Malaysian Indian Entrepreneurs and Professionals
50. Malaysian Indian Historical Association
51. Malaysia Indian Progressive Educational Society
52. Malaysian Indian Youth Development Foundation
53. Malaysian Physicians for Social Responsibility
54. Malaysia Youth & Students Democratic Movement
55. Malaysia Tamil Artiste Association
56. MAP Foundation, Thailand
57. MARUAH, Singapore
58. Migrant CARE
59. MTUC(Malaysian Trade Union Congress) Pahang
60. National Union of Bank Employees, Malaysia (NUBE)
61. Nationwide Human Development And Research Centre Malaysia
62. Network of Action for Migrants in Malaysia ( NAMM)
63. Network for Democracy and Development
64. Parti Rakyat Malaysia(PRM)
65. Parti Sosialis Malaysia (PSM)
66. Pax Romana ICMICA
67. Peace Institute of Cambodia 
68. Peace Women Across the Globe Indonesia
69. Peoples' Empowerment Foundation (PEF), Thailand
70. Peoples Service Organisation (PSO) , Malaysia
71. PERGERAKAN Indonesia 
72. Perkumpulan Tafena Tabua, Kupang - Indonesia
73. Persahabatan Semparuthi Johore, Malaysia  
74. Persatuan Alumni PBTUSM KL & Selangor
75. Persatuan Kesedaran Komuniti Selangor (EMPOWER) 
76. Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
77. Persatuan Sahabat Wanita, Selangor (PSWS), Malaysia
78. Projek Dialog, Malaysia
79. SABM Melbourne, Australia
80. Sahabat Rakyat Working Committee, Malaysia (人民之友工委会)
81. SALT(School of Acting Justly Loving Tenderly and Treading Humbly), Malaysia
82. Sarawak Dayak Iban Association 
83. Saya Anak Bangsa Malaysia (SABM)
84. Selangor Indian Entrepreneurs and Professionals
85. Semparuthi Iyakkam Malaysia
86. Sisters In Islam, Malaysia
87. SUARAM (Suara Rakyat Malaysia)
88. Tenaganita, Malaysia
89. The Asian Muslim Action Network (Aman) Indonesia
90. The Association of Women Lawyers, Malaysia
91. The Filipino Women's Organization in Quebec, Canada
92. VIVAT International-Indonesia
93. WH4C (Workers Hub For Change)
94. Women's Centre for Change (WCC) Penang
95. Women's Network for the Advancement and Peace, Thailand
96. Women's Rehabilitation Center (WOREC) Nepal
97. World Tamil Federation – Malaysian Chapter
98. Writer Alliance for Media Independence (WAMI), Malaysia
99. Yaung Chi Oo Workers Association, Thailand
100. Yayasan LINTAS NUSA Batam - Indonesia
101. Youth for Peace Cambodia
102. Advocacy and Policy Institute (API), Cambodia
103. Labour Behind the Lablel, United Kingdom
104. ARTICLE 19
105. Forum for Democracy in Burma 
106. Bersihkan Malaysia Perth, Australia
107. Women's Aid Organisation, Malaysia
108. WAC, Phillipines
109. Housing Rights Task Force, Cambodia.
110. NLD LA Malaysia 
111. Tourism Employees Association of Maldives" (TEAM)

Additional Endorsements (Updated on 3 October 2013):
112. CEREAL (Centro de Reflexión y Acción Laboral)

Posted in: 1.政治, 1.政治-民主人权, 1.政治-非政府组织, 6.声明与文告, English