Court rules law on wounding religious feelings of others valid

Summary

• The Kuala Lumpur High Court rules Section 298 of the Penal Code, which criminalises wounding of the religious feelings of others, is valid.

• Two filmmakers of the controversial movie “Mentega Terbang” sought to challenge the provision under which the duo are facing related criminal charges.

The Kuala Lumpur High Court has ruled that a law criminalising the wounding of others' religious feelings is valid.

Judge K Muniandy this morning issued the ruling over a bid by two filmmakers of the controversial movie “Mentega Terbang".

Released in 2021 but banned two years later, the film tells the story of 15-year-old Aishah, who in the face of her mother’s death, gets drawn into exploring the concept of rebirth as contained in other religions.

Director Khairianwar Jailani and producer Tan Meng Kheng are facing pending criminal charges involving alleged wounding of others' religious feelings.

The duo sought to challenge the validity of Section 298 of the Penal Code, the provision under which their charges were framed.

Section 298 of the Penal Code states: Whoever, with deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Muniandy ruled that Section 298 was a pre-Merdeka law that remained valid as Parliament has the power to enact laws.

The judge said the august house is empowered to legislate reasonable restrictions on freedom of speech and expression for the purpose of public order.

"Section 298 blends well with Malaysia's populace for preserving sensitivity of religion which is essential," Muniandy added.

The judge noted that Khairianwar (above, left) and Tan still have the right to defend themselves against the criminal case pending before the Kuala Lumpur Magistrate's Court.

"The accused is afforded the right to fair trial to defend against the charge, and the prosecution needs to prove the words alleged of wounding religious feeling of others," Muniandy said, ordering the case be remitted to the lower court.

Khairianwar and Tan contended that Section 298 is unconstitutional for contravening their fundamental right to free speech and expression.

The duo's counsel N Surendran indicated they would appeal.

Film on journey of discovery

According to the criminal charge, the duo was accused of wounding the religious feelings of others with the movie.

In the movie, Aishah's father is shown as a liberal character who has no issues with his daughter studying the holy scriptures of other religions in search of an answer.

Previously, “Mentega Terbang”, which was released on the streaming service platform Viu, courted criticisms from the public as it allegedly featured scenes with elements that contradicted religious beliefs.

Following the backlash, Viu took down the movie.

The Film Censorship Board (LPF) had said that the screening of the locally produced independent film was outside its purview.

“Based on the review, it was found that the film is not within the board’s censorship records. It is also available online. Therefore, the screening or streaming of the film is outside the jurisdiction of LPF,” the board had said.

READ MORE: Mentega Terbang screening out of our purview - censorship board

LPF, which is under the Home Ministry, performs duties based on the Film Censorship Act 2002 which sets the functions of film censorship and film publicity materials broadcasted, exhibited, disseminated, screened, or distributed physically to the public in Malaysia, except through the internet.

Charges

On Jan 17 last year before the Magistrate’s Court, Khairianwar and Tan claimed trial to the charge under Section 298, punishable with a maximum of one year in jail, a fine or both.

Khairianwar, 33, was accused of committing the offence as director and scriptwriter of the movie on Feb 26, 2023.

Tan, who is also a 38-year-old teacher, was alleged to have committed the offence in his capacity as the film’s producer on the same date.

They were alleged to have committed the offence at a unit at Diamond Regency, Jalan Semarak Api 2, Kuala Lumpur around 12.34pm.

They were also accused of intentionally hurting the religious sentiments of other people via utterances and the placement of objects within sight of the people whose religious sentiment was allegedly hurt.

Deputy public prosecutor Abdul Malik Ayob acted for the prosecution.

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