Justice for Sisters (JFS) is deeply concerned about the banning of six books under the Printing Presses and Publications Act (PPPA) by the Ministry of Home Affairs on 19 December 2024.

JFS’s review found that at least four of the six books include LGBTIQ characters and themes. All four books are international publications. As a result of the ban, those who publish, own, or reproduce the books can be fined not more than RM 20,000 or be subjected to a 3-year prison sentence or both. 

The ban on the four books is part of rising trends of state-sponsored LGBTQ censorship and discrimination that JFS has been observing. Specific to the PPPA, the law has been used at least 11 times to ban LGBTIQ-related publications, namely books and Pride-themed watches between 2020 and 2024. (please see the list below) 

The six books were banned as they were part of the Ministry’s “control and prevent” measure to deter threats or harm. Guided by the Rukun Negara principles of “Kesopanan dan Kesusilaan”, they note that the Ministry has a duty to use the PPPA to uphold public safety and order as well as prevent the spread of ideology or movement inconsistent with Malaysia’s diverse cultural and societal values. 

We are deeply concerned about the Ministry of Home Affairs’ mischaracterisation, bias, and disinformation against LGBTIQ and gender-diverse people, as well as their ongoing misuse of public morality and public order. 

The judges in India’s 377 case noted that  “constitutional morality would prevail over social morality” [p. 79, para. 121]. Meaning, that the provisions that safeguard the rights of the people in the Constitution (in the context of Malaysia Articles 5 to 13), must always be upheld including for LGBTIQ people regardless of whether such rights have the approval of a majoritarian government. Governments must always be guided by principles of equality, non-discrimination, personal liberties, and dignity enshrined in their Constitution. 

“The censorship of these publications further suppresses access to information and lived experiences of LGBTIQ and gender-diverse people essential for the promotion of understanding, self-discovery, intellectual growth, and inclusion.“

The Ministry’s misplaced understanding of its state duties, and continued protectionist role in regulating the people’s access to information and lived experiences are equally concerning. The censorship of these publications further suppresses access to information and lived experiences of LGBTIQ and gender-diverse people essential for the promotion of understanding, self-discovery, intellectual growth, and inclusion. The continued censorship of LGBTIQ-affirming information has a lasting impact and affects LGBTIQ people and everyone in society. It continues to foster hostility against LGBTIQ people and diminishes Malaysia’s diversity. 

LGBTIQ people are part of human diversity; SOGIESC diversity is not an ideology 

We call on the Ministry of Home Affairs to stop characterising LGBTIQ people as a form of ideology. LGBTIQ people or diversity in sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC) are part of human diversity, which has been historically, medically, scientifically, and anthropologically acknowledged and documented. For example, in the 1970s, the American Psychological Association (APA) removed homosexuality from the Diagnostic Statistical Manual (DSM) as it found that “heterosexual behaviour and homosexual behaviour are normal aspects of human sexuality.” Similarly, the World Health Organisation (WHO) also noted that “evidence is now clear that it (being trans) is not a mental disorder, and indeed classifying it in this can cause enormous stigma for people who are transgender.”

As a criminalised, discriminated, and marginalised population, LGBTIQ people have the right to seek equality and non-discrimination through public advocacy. This human rights advocacy for equality and non-discrimination cannot be mischaracterised as a “spread of an ideology”. The existing legal discriminatory framework and lack of protection for LGBTIQ people already make them vulnerable to any form of public participation. This is evidenced by the adverse and even extreme reactions to LGBTQ visibility and inclusion in public rallies and events, among others, which in turn is resulting in self-censorship among LGBTIQ people in Malaysia. 

The state’s duty to uphold human rights is clearly outlined in international human rights laws, Malaysia’s treaty body obligations, and its own Federal Constitution. 

The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has stressed that the state has a duty ‘to ensure an environment in which a diverse range of political opinions and ideas can be freely and openly expressed and debated’.

In Malaysia’s 2024 CEDAW review, the Committee, among others, recommended Malaysia to,  “develop and implement a comprehensive strategy to eliminate stereotypes concerning lesbian, bisexual, transgender and intersex women, including by addressing discriminatory narratives targeting lesbian, bisexual, transgender and intersex women and …  and raising awareness about the equal rights of lesbian, bisexual, transgender and intersex women.”

Meanwhile, the Declaration on Human Rights Defenders notes that the state has a duty to promote, protect, and implement all human rights and protect those who engage in human rights advocacy in its diverse forms. 

Repeal the PPPA 

JFS reiterates the ongoing call by civil society groups in Malaysia to repeal the PPPA, particularly Section 7. Section 7 (1) gives the Minister of Home Affairs ‘absolute discretion’ to ban any undesirable publication that is ‘in any manner prejudicial to or likely to be prejudicial to public order, morality, security, or which is likely to alarm public opinion, or which is or is likely to be contrary to any law or is otherwise prejudicial to or is likely to be prejudicial to the public interest or national interest’. 

The PPPA is inconsistent with international human rights standards on freedom of expression, which require states to adhere to the three-part test when restricting freedom of expression – (i) the restriction must be provided for in law; (ii) it must pursue a legitimate aim; and (iii) it must be necessary and proportionate. 

The Ministry of Home Affairs must adopt a human rights approach and immediately repeal the PPPA to end its repeated enforcement and adverse harm to society, including LGBTIQ people.

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List of LGBT-themed publications banned between 2020 and 2024 

2020 

1. Gay is OK! A Christian Perspective

2022 

1. Heartstopper Volume 2
2. Cekik 

2023 

1. The Tale of Steven, (international) 
2. Jacob’s Room To Choose (international) 
3. Aku (local) – the story is about a gay couple 
4. Swatch watches 

2024

1. Scattered Showers (international) 
2. Lose you to find me (international)
3. What if it’s us (international)  
4. When everything feels like a movie (international)