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Film & Video-makers beware!

What else that the law does not gag when it comes to creative expression?

Do you know that Malaysia is the only country in the world where a film and video maker can be jailed up to TWO YEARS and/or FINED UP TO RM50,000?

FINAS_Jail-n-Fine550.jpg

Screenshots reader MBP wrote me this:

Look at the notice (picture above) that is habitually sent to producers in the country to renew their production license from Finas. It is now handled by the Ministry of Culture, Arts and Heritage.

Why must the ministry criminalize film and video makers in such a way? Is this how they want to encourage the growth of the industry?

The strange part is that only those film companies who are registered with Finas which can be threatened, while those who are not escape the persecution.

And if they go by the ruling to the letter, it also means that anyone who shoots on film or video even using non-professional cameras to produce wedding and birthday and even funeral videos can be persecuted because these are also considered to be video productions, especially if they are edited and put in packs and distribute even amongst family members and friends.

This ruling was introduced by early Finas officials who did not know anything about filmmaking. The only reason one can think of for them to introduce it is to ensure that all producers in the country kow-tow to them by coming to Finas in Hulu Kelang to buy the forms for RM2 and filling them and getting their certificate, every year.

There is no urgency for such a ruling to be imposed on the producers. Even the distributors, too, have to get a distribution license from Finas and pay up RM400 a year. Producers have to pay RM1,000 deposit which is non-returnable and an annual fee of RM100 failing which the deposit will be forfeited.

Finas and now the ministry is wasting a lot of time because there are about 400 film companies in Malaysia. Which means that they can expect to earn only a paltry sum of RM40,000 from the renewal of the production licenses. Yet, to get this they have to engage staff and provide the equipments and spend three or four times than that.

There is no country in the world that imposes such a ruling.


After all, Finas already has another regulation called the SPP which film companies have to fill and pay a certain amount each time they produce a feature film. Isn't this enough? And the question many producers have to ask is the companies that they had dutifully registered with the Registrar of Companies (ROC) allows them to conduct their business of producing films and distribute them. Yet, the ministry now wants them to apply for special licenses before they are allowed to produce any film. I can say that the film producers association of Malaysia (PFM) is dumb. They do not see this as something serious and want the ministry to repeal such an absurd ruling because they think the annual fee of just RM100 is too small considering that they spending more than RM1 million per film. But the real issue is not of the amount of money required, but the principle behind the imposition of this ruling, which does not make any sense whatsoever. It is also wasting the resources of the ministry having to set up a division with staff and equipment to process the applications for the licenses and approve them. It is also a waste of public funds and a joke of the decade.

I hope Dr Rais Yatim is listening well.

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Comments

The threatening mentality is widespread in the country. That is because the authorities do not value the citizens. Based on above stated conviction, even snatch thieves are treated better by our lawmakers.
In the UK driving license is issued once and valid till you are 65 years old. By doing away with renewal, you can improve efficiency.
The FINAS license should be valid until the company is wound up or until such time the company is found to have contravended the regulations.

Jeff,

I feel that your site sometimes sacrifices integrity for sensationalism. You say that no other country in the world has this ruling - well, of course - it's rare to find exact matches to rulings and laws in ANY two countries in the world unless they have a shared history of administration/culture.

That said, you are wrong in saying that no other country imposes fines and other restrictions on film makers for failing to follow given guidelines. Iran is an obvious example of such a country where filmmakers often have to dupe the authorities (in their case, the Ministry of Guidance) to get permission to film, and later to release it.

By making such a blanket statement, you give the impression that your post is not researched,

JEFF OOI says: It's quite clear that I didn't do the research, but my reader, whose email I posted based on his stature in the industry and the merits of the email, did it. If the author choose to respond, I shall publish it verbatim in good faith.

I also understand that there are parties who take it as an insult if Malaysia is taken to be compared with repressive regimes, like Iran. Malaysia is NOT a repressive regime, and Malaysia stands for something better which is well acknowledged by the international community, but never in the same league as Iran.

and that you were simply going for the shock factor - to give everyone the impression that our creative industry is being oppressed. While we may not be as free as some others, we're not the worst out there.

There are ways to get around such rulings and laws. If there's a message to be heard, I'm sure creative filmmakers in Malaysia can find it, not sit around complaining how difficult it is to make movies in our country. That said, we should also petition our government to encourage creative expression.

One way to do this is to initiate dialogue with relevant authorities. Instead of criticism and vague insinuations, I think we should take the higher route and offer constructive solutions.

One of the constructive solutions, as proffered by the email author, is to take away such licensing requirement, and with it, the penalty of fine and imprisonment.

end up everybody become personal/hobbyist video maker and upload to youtube.com?

"BERKIHDMAT UNTUK NEGARA"

I wonder if our Negara really needs this.

By the way, I heard that locally produced films in other language other than Malay are considered FOREIGN films.

True or not?

South Koreans lifted their tourism industry to an unbelievable height just through their drama movies alone. Will that ever happen in bolehland? I say, keep dreaming.

Not that we are short of creative people. We simply have too many unproductive politicians trying hard to flex their 'muscles' to show the world they are the boss.

hasilox, Malaysia could do the same, if the dramas actually got widespread attention.

As you pointed out, South Korea did it. New Zealand did it with the scenery from the LOTR trilogy.

cinema can promote tourism, if the movies were actually any good.

I hope those on behalf of Yasmin Ahmad and Amir Muhammad has settled their payments. Waiting to watch Mukhsin and The Last Communist.

Dear prema, are you some apologist for the people who set up those draconian rules? If not, what's wrong with you, are you stupid or what. Look at what you say,
"here are ways to get around such rulings and laws."

Get around does not mean the ruling NOT STUPID. It only mean people like you GIVE UP, not to mentioned you pathetic mentality hope other will GIVE UP like you. I cannot imagine the country will gain independent if those day are run by people like you!

aput83,

You mean like after Jackie Chan's Police Story 3 in Kuala Lumpur and like Andy Tennant's Anna and The King in Langkawi. Do we still have those castle there?

hasilox,

Most of the non-political field that touched by the politicians normally turn to poopoo after that...

beefstew,

yeah, the hotel from Anna and the King is still there, but from what I am hearing, it's not well maintained.

as for KL, well, tourists are attracted to it anyway, but that's as far as it goes.

No one makes films in Perak, Terengganu, Johor, even.

But on a whole, yes, that's what I meant.

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