Case:

Brief Facts:

• The 2^nd Respondent [Chong] is an author who wrote a book entitled “Gay is OK! A Christian Perspective” (“Book”).
  
  
• The book was published and distributed by the 1^st Respondent who owns a company named “Gerakbudaya Enterprise” (“Publishing company”) in September 2013.
  
  
• In February 2020, an officer from the Regulatory and Enforcement Division of the Ministry of Home Affairs (“MHA”), conducted a random inspection of books which were displayed for sale in the publishing company’s bookstore.
  
  
• The book was purchased for a review and examination by the MHA in order to evaluate if the book had followed the laws present in the Printing Presses and Publication Act 1984 (PPPA).
  
  
• Upon examination of the contents of the book, the MHA determined that the book contained matters which were likely to be prejudicial to public order, morality and public interest.
  
  
• On the 17^th of November 2020, the MHA issued an order to prohibit the printing, importation, production, reproduction, publication, sale, issue, circulation, distribution and possession of the book (“The Ban”).
  
  
• Aggrieved by this situation, Chong and the publishing company filed an application against the MHA and the Malaysian government to lift the Ban.

THE DECISION OF HIGH COURT (HC)

• The HC granted leave to review the Ban.
  
  
• Upon review, the HC granted the lifted the Ban as there was no justifications for the Ban to be imposed.
  
  
• The HC was of the opinion that the book was not likely to be prejudicial to the public order as the book was published in September 2013, and since then there has been no untoward incident which arose from the book.
  
  
• Apart from that the HC stated that incidences referred to by the MHA represent views of a limited group of persons of a particular religion which does not represent the Malaysian society as a whole.
  
  
• The HC also mentions that there was no evidence suggesting that homosexuality is a practice or culture which is not accepted by the entire society of Malaysia and is an offence in all the religions in this country.
  
  
• Unhappy with the decision of the HC, the MHA and the Malaysia government appealed the decision to the Court of Appeal.

THE DECISION OF COURT OF APPEAL (COA) – APPEAL ALLOWED!

• The COA was of the opinion that the Ban was rational and the HC should not have issued an order to lift the Ban hence setting aside the HC’s decision.
  
  
• The majority decision in the COA states that, the decision taken by the MHA was one that needed to be taken in the interest of public order as the ministry felt that the existence of public disorder is not necessary but merely the potential to cause public disorder may be present.
  
  
• The ministers in administering the Ban took into account the general impression that would potentially disrupt the even tempo of life in our Malaysian community if the book was banned.
  
  
• The COA also held that the book would likely prejudice morality because the moral values of Malaysian Society do not condone, let alone accept homosexuality hence this book could be considered immoral in the eyes Malaysian public despite conveying a Christian perspective.
  
  
• The COA also states that while the Right of freedom of speech and expression applies, this area of expression falls under the ambit of permitted restrictive laws.
  
  
• The minority decision in the COA departed from the majority and supported the decision made by the HC as each case has to be considered individually on their own peculiar facts and circumstances.
  
  
• In essence, the book was a form of expression and had no motive of propaganda. Moreover, the MHA did not provide proper justification for administering the ban.