NEWS agencies must possess both the film production licence and filming authentication certificate (SPP) from the National Film Development Corporation Malaysia (Finas), said the agency’s chairman Zakaria Abd Hamid.

Section 22(1) of the National Film Development Corporation Malaysia Act 1981 stipulates that a licence is required from the body to produce, exhibit or distribute a film.  

“These two licences are needed for all film, documentary shootings,” Zakaria told The Malaysian Insight.

He was responding to queries about actions against international news channel Al Jazeera over a documentary that was critical of Putrajaya’s handling of undocumented migrants during lockdown for the Covid-19 pandemic.

He said Al-Jazeera must have the licences to film and produce a documentary.

“They are a news agency but for producing films and documentaries, they must apply for licences.”

Documentaries and news magazine programmes which require shooting also fall under the filming category, Zakaria added.

Until the government’s recent action against Al Jazeera, however, it is not clear that the requirement also applies to the press.

A question by Kluang MP Wong Shu Qi is also scheduled on the Dewan Rakyat order paper for this morning.

The DAP lawmaker is asking the communications and multimedia minister if all filmmakers, including both mainstream and personal media content producers who release films on social media, require such licences.

Zakaria told The Malaysian Insight that private stations and news outlets like “TV3, Astro Awani and others” must possess the required licences to film documentaries.

“Yes, all private stations (have) got licences except for government (agencies such as) RTM and Bernama.”

In-house productions by RTM and Bernama are vetted by the Malaysian Communications and Multimedia Commission (MCMC) hence there’s no need for the licence.

“But if RTM or Bernama outsources its operations, then the companies concerned must possess the SPP.”

The SPP must be obtained on a project basis, while the film production licence must be renewed annually, Zakaria added.

Al Jazeera’s documentary Locked up in Malaysia’s Lockdown took a critical view of the authorities’ handling of undocumented migrants rounded up in raids during the movement-control order (MCO). 

It also explored the plight of legal migrant workers facing difficulties getting their work permits renewed through no fault of their own and ended up getting caught in raids.

Malaysian officials slammed the 25-minute documentary as being unfair and misleading, resulting in hate messages and threats against Al Jazeera journalists on social media by some Malaysians.

While police have questioned Al Jazeera journalists over the documentary, Finas said in a statement on Monday said the news channel did not have the film production licence or the SPP required to produce its documentary.

Al Jazeera is being probed under Section 22(1) of the Finas Act 1981 (Amendment 2013) for filming without a valid licence.

A first for video productions

The requirement that Finas’ permission must be obtained for new video productions is a surprise, said the Foreign Correspondents’ Club of Malaysia (FCCM).

“While we respect the laws of the land and the discretion of the authorities to investigate any alleged breaches, we are concerned with this development given that media in Malaysia have been allowed to operate and provide coverage of events within the bounds of accreditation set by the Information Department and the law.

“We are unaware of any requirement to obtain permission from Finas for a news video production.

“Whether it is termed a documentary or otherwise, such material broadcast on news channels did not previously need any clearance from Finas, be they for foreign or local news agencies,” FCCM said in a statement.

This issue had never cropped up before and new documentaries were produced and aired by television channels, including by foreign media, without any problem.

“That the matter has now escalated into a criminal investigation is alarming given the wide swathe of news workers that have made video productions in the past,” FCCM added.

FCCM has written to Communications and Multimedia Minister Saifuddin Abdullah to seek clarification on whether members of the media are now bound by rules and regulations that apply to film and documentary makers.

It said such action would have far-reaching consequences and called for dialogue of this and other matters concerning the press.

“We hope the government, as expressed by minister Saifuddin in conjunction with World Press Freedom Day in May, continues to believe that ‘it is our duty to uphold freedom for the press to do their job well while holding on to the principles and ethics of journalism’,” it added.

Meanwhile, lawyers interviewed by Malaysiakini said the provision in the Finas Act requiring licences for documentary filming could apply to all media agencies, including the press, but that this law had never been actively enforced before.

Al Jazeera last night tweeted that it had not flouted Finas’ rules and that the authorities arguments on the need for licences are not credible. – July 23, 2020.