It is important for us to show support and solidarity for Human Rights Defenders like Lena Hendry - and dropping by to show solidarity with Lena Hendry this Thursday would be a good thing.
Upcoming court date
Magistrate Court 6, 2nd Floor,
Duta Court Complex, Kuala Lumpur
[For more on the law used and matters related ]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.
That you on 03.07.2013 at about 9.00 pm at Kuala Lumpur and Selangor Chinese Assembly Hall, Jalan Maharajalela, 50460 Kuala Lumpur, in the district of Dang Wangi, in the Federal Territory of Kuala Lumpur did screen a film entitled No Fire Zone: The Killing Fields of Sri Lanka which have not yet been approved by the Board and as such committed a crime under Section 6(1)(b) Film Censorship Act 2002 and can be sentenced in accordance to Section 6(2)(a) of the same Act
SENTENCE UNDER THE CHARGE
Any person who is convicted for an offence under this section shall be liable 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
PERTUDUHANBahawa kamu pada 03.07.2013 jam lebih kurang 9.00 malam di Kuala Lumpur and Selangor Chinese Assembly Hall, Jalan Maharajalela, 50460 Kuala Lumpur, di dalam daerah Dang Wangi, di dalam Wilayah Persekutuan Kuala Lumpur didapati menayangkan filem bertajuk No Fire Zone: The Killing Fields of Sri Lanka yang belum diluluskan Lembaga dan dengan demikian telah melakukan kesalahan di bawah Seksyen 6(1)(b) Akta Penapisan Filem 2002 dan boleh dihukum di bawah Seksyen 6(2)(a) akta yang samaHUKUMAN PERTUDUHANSeseorang yang disabitkan atas suatu kesalahan di bawah seksyen ini boleh didenda tidak kurang daripada lima ribu ringgit dan tidak lebih daripada tiga puluh ribu ringgit atau dipenjarakan selama tempuh tidak melebihi tiga tahun atau kedua-duanya.
We, the 116 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.
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.
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.
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