KUALA LUMPUR, Jan 14 — As Putrajaya stated it might contemplate Datuk Seri Najib Razak’s request for it to compel Netflix to remove the Man on the Run documentary, will the world streaming platform truly comply?
Several legal professionals and activists polled by eNews Malaysia stated Netflix wouldn’t be compelled to concede to the request from the convicted former prime minister, regardless of Putrajaya holding the onus to request the elimination of content material that’s seen to contravene native legal guidelines.
“This is, nonetheless, nonetheless subjected to Netflix’s personal content material insurance policies and content material elimination processes,” Wathslah Naidu, the government director of the Centre for Independent Journalism (CIJ), instructed eNews Malaysia.
“Netflix can (and will) nonetheless refuse to remove such content material as will probably be seen as censorship and authorities interference.”
Lawyer Louis Liaw Vern Xien instructed that considered one of the prospects is that Netflix might doubtlessly violate Section 211 of the Communications and Multimedia Act (CMA) 1998 if the documentary is discovered to include “indecent, obscene, false, menacing, or offensive” content material.
“Despite that, it’s questionable whether or not the documentary might be stated to include something ‘indecent, obscene, false, menacing, or offensive’. Even then, having the energy to punish wrongful content material will not be the identical as having the energy to ban or censor content material.
“In actuality, if the authorities in some way agrees that the content material is inappropriate, the authorities can formally request Netflix to take it down, and contemplating Netflix will nonetheless need to do enterprise with Malaysia, will doubtless agree to such a request, regardless that it could possibly’t be compelled to achieve this,” Liaw instructed eNews Malaysia.
Lawyer New Sin Yew concurred with Liaw in that it might be onerous to drive Netflix to heed any such request. He additionally believed that Netflix, being a foreign-based entity with servers overseas, raises jurisdictional challenges.
“I doubt Netflix would listen plus they’re a US-based entity and their servers are all not in Malaysia, so there is a matter of jurisdiction. I simply can’t see how the authorities can compel them to achieve this.
“They might block Netflix, however it might piss off many individuals,” New surmised.
Yesterday, rights group Lawyers for Liberty stated Putrajaya has no energy to ask Netflix to remove the documentary and mustn’t even contemplate or approve Najib’s request as it might be unlawful.
LFL argued that Netflix will not be subjected to the CMA as the web streaming service is an over-the-top platform, and elimination would quantity to censorship that goes towards CMA’s Section 3(3) ― which doesn’t enable censorship of the web.
Section 3(3) states that nothing in the CMA “shall be construed as allowing the censorship of the web”. Among different issues, the CMA is a regulation used to regulate communications and multimedia industries in Malaysia, and establishes the Malaysian Communications and Multimedia Commission’s (MCMC) powers, apart from itemizing down offences and the associated punishments upon convictions.
“The authorities should respect the rights of customers or Netflix subscribers to make their very own knowledgeable determination on the form of content material or film they want to devour,” stated Watshlah.
LFL argued that Netflix will not be subjected to the CMA as the web streaming service is an over-the-top platform, and elimination would quantity to censorship that goes towards CMA’s Section 3(3) ― which doesn’t enable censorship of the web. ― eNM pic
The legal professionals polled by eNews Malaysia echoed LFL’s comment, with Law citing the precedent set in Putrajaya’s ban final 12 months of the film Mentega Terbang proven by native streaming service Viu — the place the MCMC had acknowledged its lack of energy to ban content material on streaming platforms.
Released in 2021, the film directed by Khairi Anwar explores the similarities and expressions of the main religions in Malaysia. The story revolves round the journey of 15-year-old Aishah, who turns into interested in religion and the afterlife due to her mom’s declining well being.
The ban got here after Malay-Muslim teams raised a stink over it, and the manufacturing staff was investigated by the police and known as up the Malaysian Islamic Development Department (Jakim).
Lawyer Foong Cheng Leong nonetheless stated that whereas the authorities has no energy to compel Netflix to pull the present, the CMA can nonetheless apply to this case.
“Under the CMA, the authorities has the energy to direct web service suppliers to block entry to sure platforms. However, the authorities has no energy to direct a overseas service supplier like Netflix not to air a particular present. The authorities might however request the elimination of a sure present.
“The authorities might find yourself blocking the total website like what occurred to the Steam platform over the Indie combating sport Fight of Gods. However, Najib’s case is completely different. He is looking for a court docket order directing Netflix to remove the present. If the court docket grants the order and Netflix doesn’t comply, Najib might go for contempt of court docket,” stated Foong when contacted.
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah had on Monday complained about the contents of the 1MDB documentary to the High Court throughout the 1MDB trial proceedings, and stated his consumer had instructed him to take authorized motion towards former attorney-general Tan Sri Tommy Thomas and Sarawak Report editor Clare Rewcastle-Brown over their feedback in the 1MDB documentary. — Picture by Hari Anggara.
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah had on Monday complained about the contents of the 1MDB documentary to the High Court throughout the 1MDB trial proceedings, and stated his consumer had instructed him to take authorized motion towards former attorney-general Tan Sri Tommy Thomas and Sarawak Report editor Clare Rewcastle-Brown over their feedback in the 1MDB documentary.
The 1MDB documentary was made obtainable on Netflix in Malaysia on January 5 after a cinematic run in October 2023. In a letter dated January 11, Najib by his legal professionals formally requested for the Malaysian authorities to ask Netflix to remove the film from its platform.
They additionally instructed that on-line regulator MCMC might take authorized motion towards the documentary’s makers, citing a bit that punishes the provision of offensive content material on-line with a most RM50,000 superb or a most of one-year jail.
Claiming that the contents of the 1MDB documentary have been biased towards Najib amid his ongoing 1MDB trial, his legal professionals pushed for the documentary to be “taken down and for that content material functions service supplier to be prohibited from persevering with to air this documentary programme”.
In response, Prime Minister Datuk Seri Anwar Ibrahim stated Putrajaya will weigh Najib’s request and Communications Ministry Fahmi Fadzil stated the MCMC has but to look into the authorized side of it.
