BFM Radio

BFM Podcast: IS IT WRONG TO FILM THE POLICE?

Source: screencap from Wong Yan Ke’s video

I was asked by BFM Radio to comment on whether it is an offence to film the police. This issue came about when UM graduate Wong Yan Ke was arrested for filming the arrest of his friend. He was arrested and later charged under s. 188 of the Penal Code.

S. 188 of the Penal Code provides the following-

188 Disobedience to an order duly promulgated by a public servant

Whoever, knowing that by an order promulgated public servant lawfully empowered to promulgate such order he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with imprisonment for a term which may extend to one month or with fine which may extend to four hundred ringgit or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand ringgit or with both.

Explanation – It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

ILLUSTRATION

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.



UM graduate Wong Yan Ke was charged in court today, after he livestreamed a police raid on a house in Selangor last week, and disobeyed a police officer’s order to stop. We speak with Foong Cheng Leong about whether the public has the right to record the police.

Produced by: Kelvin Yee
Presented by: Lee Chwi Lynn, Hezril Asyraaf

BFM Podcast: HOW WILL THE NEW FINAS REQUIREMENT AFFECT YOU?

I was asked by BFM Radio to comment on the requirement under the Perbadanan Kemajuan Filem Nasional Malaysia Act 1981 (FINAS Act) which requires, among others, those who produce or distribute films to be registered with Perbadanan Kemajuan Filem (FINAS).

This issue came about when Dato’ Saifuddin Abdullah, Minister of the Communications and Multimedia was asked in Parliament if the definition of “film” in the FINAS Act covers TikTok or IG TV videos which are distributed through social media. The definition of “film” in the FINAS Act is as such-

“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;

s. 2 of the FINAS Act

However, according to the Hansard, the Minister did not give a direct answer but instead, informed Parliament that he will leave it to the relevant authority.

Dato’ Saifuddin Abdullah later clarified that social media users do not need to apply for a license from FINAS to produce or publish videos and that the Ministry is looking to amend the laws under the Ministry.



Is it necessary for you to have a FINAS license to create personal content on social media? We speak to lawyer Foong Cheng Leong and filmmaker Jared Lee to understand how this will impact the industry and social media usage of Malaysians.

Produced by: Kelvin Yee, Adeline Choong
Presented by: Kelvin Yee, Hezril Asyraaf

BFM Takeaway 2019 – Brainstorming F&B Matters

I will be speaking at the BFM Takeaway 2019 on 4 November 2019 together with Derek Cheong, Managing Director of Xing Fu Tang Malaysia and Catherine Goh, General Manager of Santan & T&Co under the topic “License to Feed”

Maybe you’ve perfected a family recipe, innovated your very own signature snack or you’re running a restaurant and it’s thriving. Now it’s time to share your business with the rest of Malaysia, perhaps even the world! In this session, we’ll hear from entrepreneurs who have successfully transformed humble home-grown businesses into internationally recognised brands that have put Malaysia on the map. You’ll gain insights into how to master a method of doing business that can be scaled for success and we’ll explore the advantages to licensing your brand or product. We’ll even have a licensing lawyer on board to help you through the nuances of expanding your business.

Wong Shou Ning of BFM will be moderating the Session.

Links
– Download the Agenda here.
– Get your tickets here

BFM Podcast: PURAJAYA ROOTS FOR TONGKAT ALI

I was interviewed by BFM Radio over a statement by Parti Sosialis Malaysia Chief Dr Jeyakumar Devaraj regarding a warning notice by Biotropics Malaysia Berhad which has taken out a patent for the bioactive component of Tongkat Ali (Patent No. MY-134867-A – corresponding patent can be seen here). In gist, Dr Jeyakumar said that patent laws have been misused to create monopolies over a natural product like Tongkat Ali which has been used for its medicinal properties “for centuries”.

I was asked to explain what this patent is about and the scope of it.

MESTECC and Massachusetts Institute of Technology (MIT) have joint ownership of a Tongkat Ali extract- what does that mean and will this impact communities that harvested the traditional herb for centuries? We speak to an IP lawyer.

Produced by: Tasha Fusil
Presented by: Kelvin Yee, Kam Raslan, Aiman Rashad



BFM Podcast: PROTECTING OUR PRIVACY

Gobind Singh Deo, Minister of Communications and Multimedia will consider reviewing the 9 year old Personal Data Protection Act (PDPA) at the “Impact of EU-GDPR in Malaysia and Non-EU Countries”conference.

The act was formulated back in 2010 and since, there has been a lot of development in the area of privacy and data protection.

We speak to Foong Cheng Leong, who’s part of the Malaysian Bar committee on data protection.

Presented by: Lyn Mak, Sharidz Abdullah and Julian Ng


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BFM Podcast: CRACKING DOWN ON “FAKE NEWS”

The government is just about ready to roll out legislation that will crack down on fake news. We mull over what this means- will controlling the internet stifle our freedom to exchange information? And can these laws really help solve the issue of fake news? What is fake news?

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BFM Podcast: LANDMARK #22: WHAT HAPPENS WHEN OUR PERSONAL DATA IS LEAKED

Late last year, it was reported that the private data of 46.2 million mobile phone subscribers were leaked sometime in the middle of 2014. All 14 telcos were affected in what is Malaysia’s biggest ever data breach. Explaining what this means for you and me is lawyer Foong Cheng Leong. He chairs the KL Bar’s Information Technology and Publications Committee.

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