Communications and Multimedia Minister Datuk Saifuddin Abdullah’s response at Parliament on the need to have a licence for all forms of filming including social media had caused a ruckus online. After public outcry, Saifuddin has issued a statement to provide clarity on the issue.
According to the Minister, the reports on the issue was not entirely accurate and it carried a different meaning from his intended answer. He said he was only explaining about the existing law which is the National Film Development Corporation (Finas) Act 1981 that was passed in Parliament in 1981. He said that the Act was in use all these while including both Barisan Nasional and Pakatan Harapan administration.
He clarified that back in 1981, the technology was different and there was no social media including TikTok, YouTube and etc. He added that his Ministry acknowledges the need to improve the Act and has reiterated his position made on 20th June 2020 that all laws under his purview will be reviewed.
He added that the current Perikatan Nasional government have not and will not intend to use the Act to stifle personal freedom on social media, which didn’t exist when the Act was enacted. Saifuddin said that his ministry is open to any suggestions to improve not only the Act but all laws under the Ministry of Communications and Multimedia so that it is relevant with current times.
This morning, Kluang MP Wong Shu Qi had asked the Minister in Parliament on the definition of “film” and whether it includes social media such as TikTok and IGTV. She raised concerns that if the Act is being enforced, all social media users will need to apply for licence from Finas. The Minister responded by stating that the definition of “film” covers films, short subject films, documentaries, short ads and any form of recording on any medium which are meant to be viewed by the public.
Former Communications and Multimedia Minister Gobind Singh has commented that the PN administration is taking a regressive stance on film and social media which could significantly curtail media freedom. He added that it is impractical to expect or require all users to comply with the Act’s Section 21 and 22.
Gobind says that the Minister has the power to exempt any persons or class of persons from the requirements of any provision of the Act under Section 34A. He urged his successor to take a look at the provision carefully, be realistic and practical in keeping with the new technology and media landscape today.
Last month, Gobind had also questioned the Minister’s move to award 700MHz spectrum to 5 telcos through Ministerial orders without an open tender. Eventually, Saifuddin had retracted the allocation of the spectrum which is meant for 5G and will review the 18 instruments that were presented to him.
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