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§ File · Legislation Pillar 03 · Education

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Shoot and screen a film or documentary

Approval is the gate, a FINAS licence is the price of admission, and possession alone is an offence.

Artistic freedomIntellectual property rightsSocio-economic rights
Narrow it down
The chain

What reaches you, and in what order

01

Film Censorship Act 2002

Act 620

No film may be distributed, exhibited or possessed unless the Board has approved it, and s.6 catches possession, not only exhibition. Festival and gallery screenings are inside it on the Board's own reading. The Appeal Committee is the first real remedy and filmmakers barely use it.

I am making itI am showing it
02

FINAS Act 1981

Act 244

FINAS licensing makes it an offence to carry on film production, distribution or exhibition without a licence. This is the provision that has been used against independent documentary makers and it is the most-criticised barrier to entry in Malaysian film.

I am making it
03

Copyright Act 1987

Act 332

Archive footage, stills, music and the interview release you did not get. Clear it before the edit lock, not after.

I am making it
04

Personal Data Protection Act 2010

Act 709

Filming the room means processing other people's personal data. Since 1 June 2025 you must notify the Commissioner of a personal data breach as soon as practicable and no later than 72 hours after it happens, and then tell the affected people within 7 days of notifying the Commissioner where the breach causes or is likely to cause them significant harm. Note the trigger: the 72 hours runs from the breach happening, not from you finding out about it, and if you miss it you have to give the Commissioner a written explanation with supporting evidence. There is no size threshold on that duty. The data protection officer duty is different: it only bites if you process the personal data of 20,000 or more people, the sensitive personal data of 10,000 or more, or your core activity is regular and systematic monitoring. Almost no individual artist will reach that.

I am making it
05

Official Secrets Act 1972

Act 88

A document classified as an official secret carries a mandatory custodial sentence and the Minister's certificate is conclusive as to classification, so there is no route to argue the material was innocuous.

I am making it
06

Defamation Act 1957

Act 286

Justification, fair comment and qualified privilege are the defences that matter to investigative work, and Malaysia has no serious-harm threshold, so the bar to suing you is low.

I am making it
07

Immigration Act 1959/63

Act 155

Foreign crew are working, not visiting.

I am making it
08

PUSPAL

Guidelines

Foreign filming needs PUSPAL clearance, and the conditions attached are administrative rather than statutory, so they change without any amendment being gazetted.

I am making it
09

Occupational Safety and Health Act 1994

Act 514

A set is a workplace. Since 1 June 2024, when the 2022 amendments came into force, the duty can reach the principal and not just the crew's direct employer, but only where the principal directs the manner in which the work is carried out. Independent of that, every employer, self-employed person and principal must now carry out a risk assessment for the place of work and act on it.

I am making it
10

Printing Presses and Publications Act 1984

Act 301

Programmes, catalogues and accompanying publications sit under a different regime again.

I am showing it

The one people miss

** `Section 6 of the Film Censorship Act catches possession, so a finished unapproved cut sitting on your drive is already inside the offence. Do not delete it and do not hand it over. Destroying material once a complaint or a letter has arrived makes things worse, not better. Talk to someone first.

Who this is for
Film & TVContent creation
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

Please do not act, or decide not to act, on the strength of this page alone. Take advice from an advocate and solicitor on your own facts. To the extent permitted by law, ALIM and its contributors accept no liability for any loss arising from reliance on this page.

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