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 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.
An article on Vox looks at how dating apps are mining users’ data. We look at what measures people should be taking to protect their personal data, as online privacy becomes increasingly elusive.
Produced by: Loo Juosie, Syamin Azhar Presented by: Kelvin Yee, Kam Raslan
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
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
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
