KUALA LUMPUR – Malaysia’s communications and multimedia minister said on Thursday (July 23) that all individuals are required by law to have a licence for filming activities, raising a huge question of whether residents of the country are breaking the law every time they post videos on YouTube, TikTok, Facebook Live and other social media platforms.

Communications and Multimedia Minister Saifuddin Abdullah was answering a question in Parliament after his ministry initiated a probe against broadcaster Al Jazeera over a  documentary on undocumented migrants in Malaysia that was critical of the government’s moves to detain and deport them  during the coronavirus controversy.

The Qatari television news channel allegedly did this without obtaining a licence from Malaysia’s National Film Development Corporation (Finas).

“The rule applies to everyone, be it mainstream media, or personal media,” Mr Saifuddin said, on getting a Finas licence. “We encourage filming activities, but everything is subject to existing laws and regulations.”

Opposition MP from Johor Wong Shu Qi had asked if the Finas Act would apply to media practitioners and social media users as well.

The enforcement of the licence requirement under the Finas Act against Al Jazeera – the first time it is being used against a media outlet – has drawn concern from media watchdogs about media freedom and those critical of the four-month old Perikatan Nasional government led by Prime Minister Muhyiddin Yassin.

Kuala Lumpur opposition MP Fahmi Fadzil said at a news conference later: “Whether it’s Instagram, Facebook Live or TikTok, everyone may be affected according to the minister’s interpretation. I don’t know whether the minister concerned realises the full implications of his answer.

He was quoted by The Star newspaper as saying: “Many will ask whether they will be compelled by the minister’s interpretation of the law whenever they post videos on social media.”

Mr Fahmi said in order to acquire a Finas licence, an applicant must have a paid-up capital of RM50,000 (S$16,266), adding: “For MPs who always do Facebook Live, are we now compelled to have a Finas licence? Saifuddin has to be careful with his remarks.”

The Centre for Independent Journalism (CIJ) said it was alarmed by the government’s actions against Al Jazeera.

The Foreign Correspondent Club of Malaysia (FCCM) said that materials broadcast on news channels have not needed any clearance or licence from Finas in the past.

Al Jazeera, which has stood by its report, dismissed the licence requirement in a statement on Wednesday.

It said that by Finas’ own definition, Al Jazeera’s 101 East documentary is a current affairs show that does not fall under the body’s licensing requirements.

The Al Jazeera documentary – Locked Up In Malaysia’s Lockdown – which aired earlier this month, was criticised by the government for its allegedly misleading portrayal of what undocumented migrants in the country were facing during Malaysia’s partial lockdown over the coronavirus pandemic.

The government had previously initiated a Sedition Act probe against Al Jazeera journalists and producers who were involved in making the documentary.

It also painted the report as an attempt to tarnish Malaysia’s reputation and has not publicly responded to the claims made in the documentary.

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