Drawn into Controversy: The Comic Book Banned by the Authority?

Abstract

ABSTRACT
The problem lies in determining whether the Minister’s decision was an appropriate exercise of discretion or an overreach that infringed on constitutional rights. The High Court of Malaya, Kuala Lumpur case of Hew Kuan Yau v Menteri Dalam Negeri & Ors [2024] 5 MLRH addresses the intersection of executive power and constitutional freedoms in Malaysia. The applicant, Hew Kuan Yau, authored a comic book distributed to schools, which was subsequently banned by the Minister of Home Affairs through a prohibitory order (PO) issued under section 7(1) of the Printing Presses and Publications Act 1984 (PPPA). The PO was based on claims that the publication had the potential to prejudice public order by inciting racial conflict. The issue in this case revolves around the balance between safeguarding public order and protecting the fundamental right to freedom of expression. The applicant challenged the PO through a judicial review, seeking an order of certiorari to quash it. The objective of this study was to analyse the legal principles applied in evaluating the legitimacy of the Minister’s actions under the PPPA, as well as their broader implications for administrative law and constitutional rights in Malaysia. The qualitative methodology used focuses on the statutory interpretation of section 7(1) of the PPPA, the scope of executive discretion, and the application of administrative law principles such as reasonableness. Relevant precedents and legal doctrines were also examined to contextualise the findings. It has been found that the High Court dismissed the applicant’s judicial review application, holding that the Minister acted within the bounds of discretion provided by the PPPA. The court determined that ensuring public order justified the PO and emphasised that the judiciary’s role in such matters is limited unless there is clear evidence of the misuse of the law, irrationality, or procedural impropriety. This case highlights the exercising of executive powers under the PPPA. It is recommended that legislative reforms be considered to ensure a more transparent and balanced approach to censorship or publication banning, safeguarding public order without unduly restricting constitutional freedoms.
Keywords: publication banning; executive discretion; freedom of expression; judicial review; Printing Presses and Publications Act 1984 (PPPA); prohibitory order (PO).