COMMUNICATIONS and Multimedia Minister Saifuddin Abdullah is reported to have stated: “It is mandatory (wajib) for film producers to apply for a film production licence and filming certification letter, regardless of whether they are mainstream media or personal media that publishes their film on social media or traditional channels.”

We note the relevant sections of the Finas Act on this matter:   

2.

In this Act, unless the context otherwise requires - “films” includes feature films, short films, short subject films, trailers, documentaries, advertising filmlets and any recording on material of any kind, including video tapes and video discs, of moving images, accompanied or unaccompanied by sound, for viewing by the public or any class of the public;

22. 

(1) No person shall engage in any of the activities of production, distribution or exhibition of films or any combination of those activities as specified in subsection 21(1) unless there is in force a licence authorising him to do the same.

(2) An application for a licence shall be made on the prescribed form to the Perbadanan, and the licence may be issued on payment of the prescribed fees for the prescribed period and subject to such terms and conditions as may be imposed therein.

(3) The Perbadanan may refuse to issue a licence without assigning any reason therefor or it may issue a licence subject to terms and conditions, and its decision in any case shall be final and conclusive and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.

This vaguely worded law could mean that our cat videos, teenage K-Pop fan videos, or even random self-made TikTok videos would technically require a licence to produce and publish.

It is impossible to imagine exactly how the government could implement such a law properly. And if a law or policy cannot be implemented, then what kind of law is it? Surely laws do not exist merely for show.

The minister’s statement comes after the controversial Al-Jazeera video regarding the treatment of migrants in Malaysia, which some felt “tarnished the good name” of Malaysia.

A good name is tarnished when bad acts are done, not when they are exposed. The solution to safeguarding the reputation of Malaysia is to vigilantly and constantly assure good behaviour on the part of the government of Malaysia – not to clampdown on freedom of expression via censorship every time someone says something the government does not like.

The government should clarify with no ambiguity whatsoever which types of recordings require a license from Finas, and which do not.

As a general rule, the fewer types of recording that require a licence, the better. Malaysians are mature and able to choose wisely for themselves in the free marketplace of ideas.

We urge the government to conduct proper consultations with stakeholders to devise a clear and unambiguous policy which genuinely promotes the best interests of the filmmaking industry, while protecting the right to produce videos at all levels of society – especially those for social media and for personal consumption.

Failure to do so, along a continued insistence on hopelessly impractical laws and regulations, may do more damage to our country’s reputation than a dozen critical documentaries. – July 23, 2020.

* Nathaniel Tan and Adli Zakuan of Projek Wawasan Rakyat read The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.