LAWYERS for Liberty (LFL) has said the government has no power to make Netflix take down its “Man on the Run” documentary as requested by ex-prime minister Najib Razak.

LFL director Zaid Malek said Netflix is an over-the-top internet streaming service platform, which was not subject to the Communications and Multimedia Act 1998 (CMA).

“The government has no power to consider or allow such an application by Najib as it would be an unlawful exercise of power,” Zaid said in a statement today.

Zaid said removing the documentary would amount to censorship, and it would be contrary to the right to freedom of expression provided by article 10(1) of the Federal Constitution.

“The removal of the documentary amounts to censorship, which is contrary to section 3(3) of the CMA, which does not permit censorship of the internet.

“This exception is clear and unambiguous.”

LFL was responding to Prime Minister Anwar Ibrahim’s statement yesterday that the government would consider Najib’s request to remove the documentary.

The prime minister’s statement came hot on the heels of Communications Minister Fahmi Fadzil’s comment that “if there is a request, we (the government) will go through that process”.

“It would be illegal and an abuse of power for the government to interfere in the dispute between Najib and Netflix,” Zaid said, criticising the prime minister’s response to the request.

Zaid said should Najib be aggrieved by the contents of the documentary, which the latter claimed was sub judice and prejudicial to his ongoing trial, he must seek relief from the courts.

“He (Najib) must instruct his lawyers to file the necessary application in court.

“Whether any material or publication is sub judice must be decided by the courts, and not through extraordinary requests to the government.”

Zaid said any remedy must be obtained by private legal action initiated by Najib, not via executive intervention.

He said should the government approve the request and have the documentary removed, Putrajaya would be “seen to have used its powers to accede to a request by an influential member of its Umno political ally, which perception is anathema to good governance”.

“The government must remember Netflix is an international business entity that streams content worldwide. For the government to interfere with its operations without any resort to the courts would damage Malaysia’s standing as a place of business.

“The PM should have made it clear from the outset that the government cannot and will not interfere in this dispute.

“The government must not act beyond the ambit of its legal powers or entertain a request contrary to the law,” Zaid said.

“Man on the Run” is a 2023 documentary on the ongoing 1Malaysia Development Bhd scandal, as well as the involvement of Najib and fugitive businessman Low Taek Jho in the incident that shocked Malaysia.

The film – directed, written and produced by Cassius Michael Kim – was released on October 19. – January 13, 2024.