DBKL's 'heavy-handed' approach to comedy club slammed

 

A coalition of artists has slammed Kuala Lumpur City Hall’s (DBKL) “heavy-handed” approach in suspending the licence of a comedy club while investigations are carried out on several viral videos which were recorded on the premises. 

ReformARTsi, which represents 118 Malaysian artists and 55 arts organisations, said in a statement that the suspension should have been the last resort.

“While the performance in question may have raised valid reasons for concern, the heavy-handed response from DBKL in immediately suspending the venue’s operations should have been taken as a last resort.

“When controversial acts catch public attention, it is the duty of the government to be impartial, prioritise the protection and expression of constitutional rights, and be wary of bulldozing our freedoms during enforcement procedures.

“This case is yet another example of a local authority choosing heavy-handedness and punishment over consultation, reconciliation, and improvement,” it said, adding that suspension of operations should only be imposed if the venue does not cooperate.

The coalition said that while the extent of DBKL’s investigation was unknown, several previous cases have shown that enforcement agencies do not include mediation between relevant parties. 

“It is important for investigations to include meetings between all involved parties, including the complainant. This allows each party to provide their stance on the matter in an attempt to mediate before more serious action can be taken. 

“This also ensures that the public receives a clear picture of the incident, instead of fragmented information over time that may be misconstrued and that may fan tensions and controversy,” it said.

The right to annoy

ReformARTsi, which advocates policy changes in the areas of finance for the arts, arts education, and freedom of expression, called on the government and enforcement agencies to implement fair, clear and consistent procedures when investigating performances.

It said that censorship and investigation into such matters should uphold the right to freedom of expression under Article 10 of the Federal Constitution. 

“The law should never be used to unjustly restrict freedom of speech, especially on arbitrary grounds such as offensiveness. The right to expression must always include the right to ‘annoy’ and to be in bad taste, even if it has the potential to offend. 

“In a stable and functioning democracy, we should be confident in allowing different voices and spaces where healthy debate and expression by citizens may occur. We jeopardise our own future when we allow our rights to be eroded at junctures such as this,” it said. 

The controversy was sparked by a video of a woman who took off her headscarf and baju kurung on stage at the Crackhouse Comedy Club which had gone viral on social media.

The comedy club said it banned the woman and her partner from the venue immediately after her stand-up performance and proceeded to lodge a police report.

DBKL has since suspended the club’s licence.

The suspension, however, received criticisms from comedians and netizens who believed the club should not be punished for the woman's action during an open-mic event on the premises.

Days later, the club’s co-founder was also arrested to facilitate investigations over two other video clips allegedly filmed on the premises. 

Deputy Federal Territories Minister Jalaluddin Alias had said that the videos were found to be violating the comedy club’s licence, DBKL might take sterner action that could lead to the club’s closure. - Mkini