BFM Podcast

BFM Podcast: INTELLECTUAL PROPERTY IN THE MUSIC INDUSTRY



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.

Produced by: Daryl Ong, Haniff Baharudin
Presented by: Daryl Ong, Haniff Baharudin

BFM Podcast: CAN YOU GET INTO TROUBLE FOR AN ONLINE COMMENT?



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

Download:

  1. Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd & Anor (Setting aside ex parte leave order to allow contempt proceedings to commence against the Mkini Dotcom Sdn Bhd and its Chief Editor)
  2. Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd & Anor (Majority)
  3. Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd & Anor (Minority)

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 Podcast: COMMENT SECTION LEADING TO CONTEMPT OF COURT?



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

BFM Podcast: FACEBOOK AND GOOGLE A THREAT TO HUMAN RIGHTS?

A new report by Amnesty International has warned that Facebook and Google’s omnipresent surveillance of billions of people poses a systemic threat to human rights. Is it time for a radical transformation of the tech giants’ core business model?

Produced by: Juliet Jacobs
Presented by: Tee Shiao Eek, Juliet Jacobs, Sharmilla Ganesan



BFM Podcast: I DUNNO, I’M JUST FORWARDING

India wants to monitor, intercept and track WhatsApp messages in a bid to curb the spread of misinformation. As you can imagine, this has caused quite the furore but you might be interested to know that some good could also come from the move.

Produced by: Sumitra Selvaraj
Presented by: Tee Shiao Eek, Sumitra Selvaraj, Sharmilla Ganesan



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



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