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Film Censorship Act

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Film Censorship (Act 620) and FINAS Act 1981 (Act244)

What is Film Censorship Act?


The Film Censorship Act 2002 is the act that is effective today. Any film that is to be
screened in Malaysia must be certified by the Board. Under the provisions of the Act, no
one is allowed to view any film that has not been licensed by the Board.

Act 244MALAYSIAN FILEMNATIONAL DEVELOPMENT CORPORATION ACT 1981


An Act to promote, preserve and facilitate the development of the Malaysian film
industry, to establish the Malaysian National Film Development Corporation and to
provide for matters necessary, connected with or incidental thereto

[2]
The Film Censorship Act 2002 is the act that is effective today. Any film that is to be screened in
Malaysia must be certified by the Board. Under the provisions of the Act, no one is allowed to view
any film that has not been licensed by the Board.
The same Act also bans the possession and/or screening of pornography or provocative materials.
Films that contain sex and nude scenes are strictly censored/prohibited. Screening of such films in
[5]
public even in good faith can subject the screener to fines/imprisonment.
The Board watches the uncensored film or programme and decides whether its content is
acceptable for a Malaysian audience. The film receives approval only after the Board is satisfied that
the film (either without cuts or with cuts required by the Board) satisfies the rules under which the
Board operates.
Any film passed with compulsory cuts must have the cuts made by the distributor before the film is
released/screened. This is accomplished either by having the studio produce an edited version (in
the case of digital or television screenings) or by physically removing (cutting out) the offending
section on the film itself. Screening films with compulsory cuts in its unedited form can make the
distributor and cinema operator or television station operator legally liable.

Film, also called movie or motion picture, is very much known to us. When we talk about film,
the words ‘film censorship’ come automatically because approval from the Film Censorship
Board (LPF) shall be obtained prior to the distribution or public viewing of all local and foreign
films.

In order to protect the Malaysian society from any possible negative and immoral influences by
watching films, the film censorship board came up with some basic principles to prevent
exhibition of anti-government films or films offensive towards Islamic or ASEAN countries.
Furthermore, the censorship board ensures prevention of the exhibition of films which insult any
religion; promote false teaching and deviations; disturb racial harmony and are liable to destroy
the reputation of individuals or organisations.
There are four main aspects, namely Security and Public Order; Religion; Socio-culture, and
Decorum and Morality by which the members of the film censorship board examine films.

Nowadays, the film censorship board faces a threat to its effectiveness because of massive
online broadcasting of motion pictures. These online broadcasting services are spread over the
Internet and are also easily accessible.

Social networks, search engines, amateur video aggregation sites, etc. are some of the
examples for online broadcasting medium. The best-known services for online broadcasting are
Netflix, Iflix Pandora, Amazon Prime Video, Hotstar, Hulu and Prime Video.

These services ensure that users can access their sites directly from any place through Internet
broadband connection. These services are broadcasting original programmes regardless of any
form of censorship. In Malaysia, customers are viewing all such content although many of them
are not worth watching.

Need for legal framework

The Chairman of the Malaysian Film Censorship Board, Mohd Zamberi Abdul Aziz, was
questioned about it and he mentioned that according to Section 2(3) of the Film Censorship Act
2002, it is not in its jurisdiction because this section says this Act shall not be construed as
permitting the censorship of any film published, displayed, circulated, exhibited, distributed or
transmitted over the Internet.

Meanwhile without any proper regulatory framework, these online broadcasting services are
increasing sporadically and posing a threat to Malaysians. The formulation of a legal framework
in order to regulate online broadcasting services is the time demand in Malaysia.

Sumber Act 2002


https://freedomfilm.my/bebaskan-filem/bebaskan-filem-learn-about-censorship/

The FINAS Act 1981 was initially enacted to regulate mass broadcast media and to
address technological changes occurring in the film industry at the time
The National Film Development Committee was formed by the Malaysian
government on July 26, 1980 to outline the ways to improve Malaysian film
industry. As the results from their recommendations, Malaysia National Film
Development (or FINAS) was formed in the year 1981 through Malaysian Film
Corporation Development Act, 1981 (Act 244).
FINAS ACT 1981
https://malaysianlitigator.com/2020/09/14/the-laws-on-video-making-in-malaysia/#:~:text=The%
20FINAS%20Act%201981%20was,contemporary%20technology%20and%20internet%20cultur
e.
https://culture360.asef.org/resources/national-film-development-corporation-malaysia-fin
as/

Also known as Perbadanan Kemajuan Filem Nasional (FINAS). Established in 1981


under the National Film Development Corporation Act 1981. FINAS is a corporation
under the Ministry of Industry and Trade before being transferred under the Ministry
of Culture, Art and Heritage Malaysia on March 27, 2004. FINAS is responsible to
develop, preserve and provide support and encouragement to the Malaysian film
industry. It conducts surveys on the film industry, provide training facilities or
assistance in producing services, facilities or filming equipment, provide credit
facility, distribute information about general aspects of the film industry to the public
and various other activities except direct participation in the process of a particular
film production.

Case study:
https://themalaysianreserve.com/2021/07/21/producer-of-controversial-film-babi-charged-
with-unlicenced-production/

Akta 244 - akta finas - [PDF document]. vdokumen.net. (n.d.). Retrieved May 20,
2022, from https://vdokumen.net/akta-244-akta-finas.html
Act 244MALAYSIAN FILEMNATIONAL DEVELOPMENT CORPORATION ACT 1981
An Act to promote, preserve and facilitate the development of the Malaysian film industry, to
establish the Malaysian National Film Development Corporation and to provide for matters
necessary, connected with or incidental thereto

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