A strict interpretation of the 2002 Act will mean that, even if you took your child’s cutest momentand put it into CD and distribute it to your relatives, it is an offence. How ridiculous, draconian and unreasonable is this law being used against Sdr. Ong Boon Piow.
Monday, March 30, 2009
Film Censorship Act 2002
The authority nowadays seems very instersting in enforcing laws. It seems that, all the Malaysians, have to read up some laws eventhough you are not a lawyer, and even if you are a lawyer please read up the laws which you are not even aware of. How many will expect the Police will act on this Act and use it as a reason to arrest YB Ong? Ridiculous!!!
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3. Interpretation.
In this Act, unless the context otherwise requires- "film-publicity material" includes the original or duplicate of the whole or any part of a picture, photograph, poster, figure, handbill, slide, newspaper advertisement and any other form of advertisement printed or recorded on any material and intended to publicise a film;
… "film" includes the original or duplicate of the whole or any part of-
(a) a cinematograph film; and
(b) a videotape, diskette, laser disc, compact disc, hard disc and other record,
of a sequence of visual images, being a record capable of being used as a means of showing that sequence as a moving picture, whether or not accompanied by sound; …
9. Submission of film for censorship.
(1) The owner of a film shall submit the film in the prescribed manner for censorship to the Board without any alteration or excision and at his own risk and expense-
(a) in the case of an imported film not exempted under subsection 8(3) which is released under section 7, within the time and at the place specified in the permit issued in respect of the film under subsection 8(1); or
(b) in the case of a film made or produced in Malaysia and intended to be exhibited in Malaysia, within fourteen days of the completion of such making or production.
(2) The owner of a film who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
10. Decision of the Board.
(1) Having viewed a film submitted to it for censorship, the Board may-
(a) approve the film for exhibition without any alteration;
(b) approve the film for exhibition with such alteration as it may require; or
(c) refuse to approve the film for exhibition.
(2) The Secretary shall notify the owner of the film in writing of the decision of the Board made under subsection (1).
(3) In a case to which paragraph (1)(b) or (l)(c) applies, the Board shall furnish to the owner of the film in writing its reasons for requiring the alteration or for the refusal.
14. Certificate "A".
The Board shall certify that a film-
(a) has been approved under paragraph l0(l)(a); or
(b) has been altered as required by the Board,
by issuing a certificate which shall be known as 'Certificate
16. Duplication of film.
(1) Where a person intends to duplicate the whole or any part of a film which has been certified under section 14, he shall submit a statutory declaration to the Board stating-
(a) his intention to make duplicate copies;
(b) the precise number of duplicate copies he intends to make; and
(c) that the duplicate copies are made from the original film approved and certified by the Board under sections 10 and 14 respectively.
(2) No person shall make a duplicate copy of the whole or any part of a film that has not been approved and certified by the Board under sections 10 and 14 respectively.
(3) Any person who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
17. Certificate "B".
The Board shall issue a certificate which shall be known as 'Certificate "B" ' for every duplicate copy made in accordance with section 16.
In this Act, unless the context otherwise requires- "film-publicity material" includes the original or duplicate of the whole or any part of a picture, photograph, poster, figure, handbill, slide, newspaper advertisement and any other form of advertisement printed or recorded on any material and intended to publicise a film;
… "film" includes the original or duplicate of the whole or any part of-
(a) a cinematograph film; and
(b) a videotape, diskette, laser disc, compact disc, hard disc and other record,
of a sequence of visual images, being a record capable of being used as a means of showing that sequence as a moving picture, whether or not accompanied by sound; …
9. Submission of film for censorship.
(1) The owner of a film shall submit the film in the prescribed manner for censorship to the Board without any alteration or excision and at his own risk and expense-
(a) in the case of an imported film not exempted under subsection 8(3) which is released under section 7, within the time and at the place specified in the permit issued in respect of the film under subsection 8(1); or
(b) in the case of a film made or produced in Malaysia and intended to be exhibited in Malaysia, within fourteen days of the completion of such making or production.
(2) The owner of a film who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
10. Decision of the Board.
(1) Having viewed a film submitted to it for censorship, the Board may-
(a) approve the film for exhibition without any alteration;
(b) approve the film for exhibition with such alteration as it may require; or
(c) refuse to approve the film for exhibition.
(2) The Secretary shall notify the owner of the film in writing of the decision of the Board made under subsection (1).
(3) In a case to which paragraph (1)(b) or (l)(c) applies, the Board shall furnish to the owner of the film in writing its reasons for requiring the alteration or for the refusal.
14. Certificate "A".
The Board shall certify that a film-
(a) has been approved under paragraph l0(l)(a); or
(b) has been altered as required by the Board,
by issuing a certificate which shall be known as 'Certificate
16. Duplication of film.
(1) Where a person intends to duplicate the whole or any part of a film which has been certified under section 14, he shall submit a statutory declaration to the Board stating-
(a) his intention to make duplicate copies;
(b) the precise number of duplicate copies he intends to make; and
(c) that the duplicate copies are made from the original film approved and certified by the Board under sections 10 and 14 respectively.
(2) No person shall make a duplicate copy of the whole or any part of a film that has not been approved and certified by the Board under sections 10 and 14 respectively.
(3) Any person who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
17. Certificate "B".
The Board shall issue a certificate which shall be known as 'Certificate "B" ' for every duplicate copy made in accordance with section 16.
Update: YB Ong Boon Piow's arrest
YB Ong Boon Piow was arrested by the police and was brought to Pekan Baru Police Station yesterday shortly after the launching of DVD on Perak Democracy at Chin Woo Hall, Ipoh. He was subsequently released on police bail around 1 plus in the morning and was requested to report himself at Sg Senam Police Station on 13.04.2009.
The offence alleged was that of producing DVD without Sijil B under Film Censorship Act.
There were only less than 200 attendees yesterday as there was heavy rain in town. Yet, the Police had again, chose to interfere, this time not on illegal assembly but on the Film Censorship Act.
It is not a movie production. Everything contained therein are recorded from the actual scene. Is it an offence by putting the truth to the People?
The offence alleged was that of producing DVD without Sijil B under Film Censorship Act.
There were only less than 200 attendees yesterday as there was heavy rain in town. Yet, the Police had again, chose to interfere, this time not on illegal assembly but on the Film Censorship Act.
It is not a movie production. Everything contained therein are recorded from the actual scene. Is it an offence by putting the truth to the People?
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