The MySejahtera saga continues with uncertainty over the ownership of the app. Foong Cheng Leong, Intellectual property and information technology lawyer helps us untangle this complex web, reminding us of the importance of contracts.
Produced by: Moh Heng Ying Presented by: Wong Shou Ning, Tan Chen Li, Philip See
Once upon a time, it was considered totally unacceptable for musicians to even consider selling their song catalogues, but now, we see a trend of musicians, especially the senior ones, doing so. Some have cited estate planning as one of the reasons for doing this, but surely, these songs have value too and can be kept and passed on to their family members? Lawyer Foong Cheng Leong joins us on the show to share his take on this trend.
Talks on music rights and royalties have been a prevalent and controversial topic especially between artists and record labels. How can musicians protect their craft and work and be more empowered on the subject? To get a basic understanding on the issue, we speak to Foong Cheng Leong, Co-chair of the Intellectual Property Committee of the Bar Council to explore the framework of intellectual property and understand its role in the music industry.
This question follows the recent judgement by the courts to hold Malaysiakini responsible for comments made by readers on its online portal. Lawyer Foong Cheng Leong helps us figure out whether individuals could also be held legally accountable.
Produced by: Kelvin Yee Presented by: Sharmilla Ganesan, Lee Chwi Lynn
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.
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
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.
Malaysiakini and its editor-in-chief are being cited for contempt of court over several readers’ comments on an article. We reach out to Foong Cheng Leong to find out what the law says about holding media portals accountable over comments made by readers.
Produced by: Tasha Fusil Presented by: Lee Chwi Lynn
A “coding issue” resulted in the malfunctioning of a mobile app that was used to transmit and formulate the results of the Iowa caucus. A tech expert joins us to talk about what goes into the building and execution of an online voting system.
Produced by: Tasha Fusil, Lee Chwi Lynn Presented by: Lee Chwi Lynn, Kelvin Yee
Foong Cheng Leong is an Advocate and Solicitor of the High Court of Malaya and also a registered Malaysian trade mark, industrial designs and patent agent.
He had served the Malaysian Bar and Kuala Lumpur Bar in the following capacities:-
1. Kuala Lumpur Bar Committee (2013 to 2020)
2. Chairperson of the Kuala Lumpur Information Technology (2012 to 2020)
3. Co-Chairperson of the Bar Council Ad-Hoc Committee on Personal Data Protection (2013 to 2016)
4. Co-Chairperson of the Bar Council Intellectual Property Committee (2019 to present)
5. Co-Chairperson of the Bar Council Information Technology and Cyberlaws Committee (2015 to 2017)
He is also the author of the following books-
1. Compendium of Malaysian Intellectual Property Cases consisting of the following two volumes
a. Vol 1- Trade Marks