Communications and Multimedia Minister Saifuddin Abdullah has told Parliament that all production of films and recording regardless of whether it is media agencies or individual media outlets are required to apply for a licence before shooting. He said this while answering a question from Kluang MP, Wong Shu Qi.
The Minister said under the National Film Development Corporation (Finas) Act, film producers must apply for a Film Production Licence and Film Shooting Certification (SSP) from Finas at least 7 days before shooting. He added that the Ministry through Finas monitors film activities in its efforts to preserve and develop the film industry based on the Finas Act 1981.
The Kluang MP said if the act is enforced, this means all social media users would have to apply for a licence from Finas and she requested the Minister for further clarification.
Saifuddin responded that the definition of “film” under Section 2 consists of films including short films, short subject films, trailers, documentaries, short ads and any form of recording on any medium (including tapes or discs) which are meant to be viewed by the public.
When Lembah Pantai MP Fahmi Fadzil asked if the “Top 15 mistakes in locked up in Malaysia’s Lockdown” video by Dr Dustin Pfundheller that was aired on Bernama TV had a licence, Saifuddin said he would leave the matter to the authorities. If there are complaints, appropriate actions will be taken according to the law.
The mention of the Finas Act was brought up after the Ministry of Communications and Multimedia had asked Finas if Al-Jazeera was granted a licence to produce their documentary. Saifuddin said it is an offence to shoot without a licence.
According to the Foreign Correspondents Club of Malaysia, they are unaware of any requirement to obtain permission from Finas for news video production, whether it is a documentary or otherwise. According to their Facebook post, such material broadcast on news channels have not previously needed any clearance from Finas and there was no issue like this cropping up before whether it is foreign or local news agencies. It has expressed concerns that the issue is now being escalated into a criminal investigation.
The definition of film to cover personal videos raises concerns especially in the age of user generated content. It is quite hard to comprehend the 7 day application process for news outlets as the media would need to report their stories as it happens. Enforcement for social media users would almost be impossible based on the sheer number of videos uploaded on a daily basis.
Former Youth and Sports Minister Syed Saqqid had also chimed in by tweeting if his social media video also requires a Finas licence. He added that most netizens won’t be able to afford to pay RM50,000 just to post videos on social media.
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