JUDGMENT

Ong Chee Kwan JCA:

A. Introduction

[1] This appeal asks a question that arises whenever a Government decides that something may not be shown, that is: where does the line fall between what the Executive may forbid and what the Constitution protects?

[2] The 1st Appellant directed, and the 2nd Appellant produced, a film called Mentega Terbang ("the Film"). On 21 August 2023 the Minister of Home Affairs ("the Minister") made an order under s 26 of the Film Censorship Act 2002 [Act 620] ("the FCA") prohibiting the exhibition, display, distribution, possession, circulation and sale of the Film and its publicity material throughout Malaysia. The order was gazetted on 1 September 2023 as P.U.(A) 266/2023 ("the Prohibition Order").

[3] The Appellants applied for judicial review. They sought certiorari to quash the Prohibition Order, and a declaration that s 26 of the FCA is void for inconsistency with art 10(1) and 10(2) read with art 8(1) of the Federal Constitution ("the FC"). Leave was granted on 31 January 2024. On 6 January 2025, the learned High Court Judge dismissed the application with no order as to costs. Grounds were delivered on 31 July 2025.

[4] We heard the appeal on 16 July 2026 and now give our full grounds for dismissing it. We have not found the case an easy one, and we have not accepted every argument the Respondents put to us. But when the extraneous matter is set aside, what remains is sufficient to sustain the opinion the Minister formed, and the order of the learned Judge must stand.

B. The Background

[5] The essential facts are not in serious dispute and may be shortly stated.