Malaysia eyes censorship powers over Netflix, other streaming content amid creeping conservatism
- The home ministry says it hopes to prevent the streaming of LGBTQ, communist and Islamophobic content on platforms such as Netflix
- Local filmmakers have been wary of censorship rules for years with two such individuals having faced criminal action for their content
First introduced by the British authorities in 1908, the film censorship board – which falls under the home ministry – has long been the bane of Malaysian auteurs and film-goers who accuse it of arbitrary and heavy-handed censorship that inhibits free speech and good storytelling.
On Thursday, Home Minister Saifuddin Nasution defended the board’s role, citing the need to protect the morals and culture of all races in Malaysia, as well as the people’s religions and beliefs.
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“Of course, such films need to be censored and, if excessive, a decision not to approve for screening will be given,” Saifuddin said.
The minister, whose speech aimed to “empower” the censorship board, also said that he is open to discussing with the communications ministry on whether the censors’ scope should be broadened to cover content on Netflix and other streaming services in addition to TV and movie content.
“Is there a need to – in the future – include streaming services under the censorship board? That is a new matter raised and I am willing to sit with the communications ministry to look into it,” Saifuddin said.
While the home ministry is in charge of film censorship, its power does not cover streaming platforms as internet content currently falls under the communications ministry.
His comment was in response to a question by an opposition lawmaker from the Malaysian Islamic Party (PAS) on censoring streaming content.
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PAS has led the country’s turn towards conservatism since making gains in the 2022 election, putting pressure on Prime Minister Anwar Ibrahim’s government to crack down on books, films and music festivals deemed as against Islamic values.
Activists at the Freedom Film Network (FFN) have long been critical of the censorship board, saying it is not an independent organisation and its decisions can be swayed by pressure from other parties and arbitrarily applied.
These include the police, which has oversight of any scripts that reference the police force or military.
“When it comes to uniform bodies, no matter what, the [board] cannot say yes or no until the police say yes or no,” film producer Mo Bahir said recently.
Filmmakers must also navigate around other bodies including the Department of Islamic Development Malaysia (Jakim), a powerful department under the Prime Minister’s purview, which could also influence movie titles.
“I had to meet with JAKIM, and the Mufti to get their approval to use this title before we even started shooting the film,” said director Osman Ali regarding his serial drama Jalan Sesat ke Syurga – The Lost Road to Heaven.
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Facing such barriers, filmmakers have in recent years used a loophole in the relatively unregulated streaming space to escape the censors and even then, it does not provide full protection.
In January, local authorities dragged film director Khairi Anwar and producer Tan Meng Kheng to court for “deliberately wounding religious feelings” with their movie Mentega Terbang, in an unprecedented criminal action against a filmmaker.
The coming-of-age movie, about a young girl’s exploration of religion and the afterlife in the face of her cancer-stricken mom’s looming death, was seen as insulting Islam, Malaysia’s state religion, and saw the film being taken down by the Hong Kong-based Viu streaming platform at the behest of the communications ministry.
Reacting to the charge, FFN called the move an “archaic form of content control” that goes against the need for open communication for people to share different perspectives in multicultural Malaysia.
“[The charges] send the signal that filmmakers are not protected in Malaysia and that filmmaking is actually a dangerous profession,” the group said in a statement.
