The Home Ministry has officially lifted its 2019 ban on a controversial comic book co-authored by former DAP member Hew Kuan Yau, popularly known as "Superman Hew." This decision comes two years after the Federal Court ruled against the ban.
The revocation was announced through a federal government gazette dated August 12, 2024, based on an order signed by Home Minister Datuk Seri Saifuddin Nasution Ismail on August 6. The order was made under the authority granted by subsection 7(1) of the Printing Presses and Publications Act 1984.
The original ban, which was implemented on October 23, 2019, under the Printing Presses and Publications (Control of Undesirable Publications) (No. 3) Order 2019, prohibited the printing, importation, production, reproduction, publishing, sale, distribution, or possession of the comic book. The book in question, titled
Belt and Road Initiative for Win-Winism, was published in 2019 by the Asia Comic Cultural Museum and was available in Malay, English, and Mandarin. The book was released to mark the 45th anniversary of diplomatic relations between China and Malaysia.
The Home Ministry initially justified the ban on the grounds that the content of the comic book could be harmful to public order and could influence public opinion in a way that might disturb social harmony. Hew Kuan Yau, however, challenged the ban through a judicial review at the High Court. In April 2021, the High Court sided with the Home Ministry, affirming the ban and allowing the Ministry to retain all copies of the book that had been seized.
Refusing to accept the High Court's ruling, Hew sought an appeal at the Court of Appeal. In July 2022, the Court of Appeal overturned the High Court's decision, ruling that the ban was unjustified. The Court of Appeal ordered the Home Ministry to return all previously seized copies of the comic book to Hew.
Following the Court of Appeal's ruling, the Home Ministry attempted to reinstate the ban by appealing to the Federal Court. However, in 2022, the Federal Court dismissed the Ministry's appeal, effectively upholding the Court of Appeal's decision to lift the ban.
This legal battle, which has been ongoing for several years, finally concluded with the recent revocation of the ban. The decision signifies the end of the government's efforts to suppress the distribution of Hew's comic book. It also highlights the importance of judicial oversight in ensuring that government actions align with the principles of justice and freedom of expression.
The lifting of the ban has sparked various reactions from the public and political figures alike. While some view it as a victory for freedom of expression, others remain concerned about the potential implications of the book's content on public discourse. Regardless, the revocation underscores the complex interplay between governmental authority, legal processes, and individual rights in Malaysia.
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