Probe into 'sexually suggestive' scene infringes freedom of expression - CIJ

The Centre for Independent Journalism (CIJ) has condemned investigations into actor Zul Ariffin over a "sexually suggestive" video shared by him that allegedly broke the law under Section 233 of the Communications and Multimedia Act (CMA).

It called on the Communications and Multimedia Minister Annuar Musa to retract all investigations upon Zul (above) and members of the crew.

In a statement, CIJ executive director Wathshlah G Naidu said that Section 233, which allows for a person to be imprisoned for up to one year and fined up to RM50,000 for posting offensive content that 'annoys' another person, is "deeply problematic" due to broad definitions that are accompanied with heavy punishment.

"This goes far beyond the legitimate restrictions allowed on freedom of expression, such as preventing incitement to violence or for national security," she said.

Wathshlah said CIJ's data showed that last year alone, 236 individuals were implicated in 140 police investigations, arrests, and charges related to Section 233 of the CMA.

She said that the investigation into Zul closes the door over the notion of artistic autonomy in Malaysia's creative industry.

"It is also removing the viewer's choice to make informed decisions with regards to their entertainment options. It is not beneficial to the public for any authority to gatekeep content through moral policing, much less potentially punish individuals for it.

"A simple solution to this would have been to rely on the programme classification wherever the programme is aired, which would have automatically flagged this as matured content, hence allowing the viewers to make their informed choice," she said.

'Slippery slope leading to intolerance'

Annuar stated earlier today that Zul was being investigated over the video and that scenes of that nature would not be allowed to be screened, citing values and culture.

The 23-second teaser clip that displays a "sexually suggestive" nature was a scene from the drama "Perempuan Itu" where Zul was pushed against a wall by his co-star Siti Hariesa before taking off his shirt and embracing her.

That scene was interspersed with another scene where Siti Hariesa - dressed in a maid outfit - fed whipped cream to Zul before he lifted her and embraced her.

The clip was initially uploaded to Zul's social media but is no longer available on the actor's Instagram.

Wathshlah said that while censorship is often done in the name of morality and decency, these notions are universal.

"In using restrictive laws to effectively censor and punish individuals for differences in expression, we may fall onto a slippery slope leading to intolerance," she added.

Wathshlah called on the minister to retract all investigations towards Zul and the cast and crew related to the production of "Perempuan Itu" and to stop the arbitrary usage of legislation for censorship.

"Stop using existing regressive legal provisions, such as Section 233 of the CMA, to censor and silence non-conforming voices.

"The state must also review and adopt a moratorium on the arbitrary use of Section 233 of the CMA, besides moving towards repealing and amending its vague provisions per our Federal Constitution and international standards on freedom of expression," she said.

Instead, Wathshlah said authorities should work together with civil society organisations and other stakeholders to better understand and define online content removal and censorship.

She added that authorities should also take into account the local context, existing community standards by social media companies and keep in line with international human rights standards on freedom of expression, equality, non-discrimination, and diversity.

Harian Metro earlier reported that Zul was seen at the MCMC headquarters this morning from 10am to 12.30pm. He was believed to be there to give a statement over the video. - Mkini