The creators behind the contentious indie film "Mentega Terbang" have been granted permission by High Court judge Datuk Amarjeet Singh to proceed with their legal challenge against the film's ban. Director Khairil Anwar Jailani and producer Tan Meng Kheng filed for a judicial review, asserting that the ban, imposed by the government on September 1 of the previous year, is irrational and infringes upon the freedom of speech guaranteed by the Federal Constitution.
In their application, Khairil and Tan argued that the ban has adversely affected their income since they are unable to screen or distribute the film within the country. Their legal pursuit seeks a court order to overturn the ban and a declaration that the Film Censorship Act is unconstitutional.
The controversy surrounding "Mentega Terbang" escalated further when, on January 17, Khairil and Tan were charged at the magistrate's court. They pleaded not guilty to the charges under Section 298 of the Penal Code, which accused them of intentionally hurting the religious feelings of others in their roles as producer, director, and scriptwriters of the film.
The banned movie gained notoriety for a scene in which the main character expresses a desire to eat pork, with her father granting her permission to leave Islam. The Malaysian Communications and Multimedia Commission (MCMC) confirmed the removal of "Mentega Terbang" from Viu, a Hong Kong-based video streaming platform, on March 4 of the preceding year.
Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar stated that the Malaysian Islamic Development Department (Jakim) deemed the film's content incompatible with the beliefs and way of life of Muslims from the Syafie school of thought in Malaysia.
The controversy led to eight reports being filed against "Mentega Terbang," prompting an investigation by Bukit Aman's Classified Crime Investigation Unit (USJT) D5 under various sections of the Penal Code and the Communications and Multimedia Act 1998. The legal battle now sets the stage for a crucial examination of the balance between artistic expression and religious sensitivities in Malaysia.
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