This follows the decision of a three-member Court of Appeal bench today to unanimously refuse Khairi leave to appeal against a Jan 24 High Court ruling.

Justice Ahmad Zaidi Ibrahim, who chaired the bench, said the High Court had exercised its discretion to affirm the order of a magistrate.

Justices Azmi Ariffin and Noorin Badaruddin were also on the panel to hear the leave application.

On Jan 17, a magistrate in Kuala Lumpur imposed the gag order as part of the conditions for the release on bail of Khairi, who claimed trial to a charge of intentionally hurting the religious feelings of others.

Deputy public prosecutor Parvin Hameedah Natchiar appeared for the prosecution while Zaid Malek represented Khairi.

In his application, Khairi argued that the gag order was illegal and restricted his freedom of speech.

Khairi and the film’s producer Tan Meng Kheng were charged in two separate magistrates’ courts on Jan 17 with hurting the religious sensitivities of others through their movie last year.

Khairi and Tan were charged under Section 298 of the Penal Code, which carries a maximum sentence of imprisonment for up to a year, or a fine, or both upon conviction.

“Mentega Terbang” is an independent movie about the religious conflict faced by Muslim teenager Aisyah, who explores other religions, especially for answers to the question of life after death.

The movie, which was screened through online streaming platforms, was criticised for some scenes which were said to go against Islamic teachings and beliefs.

The home ministry banned the film on Sept 1 last year.