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.