New restrictions to Films Act introduced in the guise of liberalisation
The amendments to the Films Act bill has been passed in Parliament. State-owned CNA was the first off the blocks, calling it "a significant step to further liberalize and expand the space for political debate." The Straits Times and others will likely to parrot the enthusiasm, and there will be no end to the Government hailing the amendments as the a sign of Singapore opening up.
While I leave the analysis to the bloggers and commentators, I will just spell out here in layman's terms what the amendments really mean to you.
WHAT HASN'T CHANGED IN FILMS ACT
The only major amendment is in Section 33 of the Films Act.
The rest of the Films Act remains largely unchanged. For example, the following sections still applies.
1. Section 14 requires that you submit any video in your possession (this includes video images stored in your handphone and private videos in your collection) to the Board of Film Censors (BFC).
2. Section 21 spells out the penalties if you possesses, exhibits or reproduces any unlicensed video.
3. Section 23 authorizes the police to enter and search your home, seize any unlicensed video(s) and to take into custody any person reasonably believed to be guilty of an offence under the Act.
WHAT HASN'T CHANGED IN SECTION 33
Section 33 prohibits the making, exhibition, distribution and import of "party political films", which are defined as videos or films that makes "partisan or biased references to or comments on any political matter." It also states that the penalties for such an offence is a conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years.
In general, the above has not changed. It still applies.
The only change to the above is that instead of the BFC, an Independent Advisory Board will now decide what constitutes "partisan or biased references" . The Board is slated to be headed by ex-district court judge Richard Magnus. The members of the Board have not been announced as yet.
WHAT IS "ALLOWED"
What is "allowed" here, as the Minister and the media gloat, is really a misnomer as there were no prior restrictions on such videos.
1. The new amendment states you can now make a video that contain the whole or material proportion of a political event(s) that are held according to the law. Please note that this new addition is NOT a liberalization as there were no sections in the previous Act that disallowed this. For example, my film Speakers Cornered (2006) was passed by the BFC prior to this new ruling. Ironically, this new amendment may actually criminalize Speakers Cornered as the participants of that protest are now undergoing trial!
2. The new amendment states you can now make political videos that do not contain any animation and must composed wholly of an accurate account of a political event or persons. Again this is NOT a liberalization as there were no sections in the previous Act that disallowed this. In fact, this is a new restriction dressed up as liberalization. Sneaky.
WHAT IS REALLY ALLOWED (where previously banned)
This is the only part that fits the bill of liberalization (but is negated later by more new restrictions).
The new amendment states that you can now make, exhibit and distribute videos composed wholly of a political party's ideologies and manifestos. But here's the catch - the videos must be made "on the basis of which candidates authorized by the political party to stand will seek to be elected at a Parliamentary election." Does this mean that someone like Dr Chee Soon Juan, who is ineligible to stand for elections due to his bankruptcy, is not allowed to appear in such videos? Will something like this be criminalized?
WHAT IS NOW NOT ALLOWED (where previously allowed, or not stated)
Get ready, here are the bombshells.
1. You are now not allowed to make an unbiased and non-partisan political video that contains any form of animation. Like this.
2. You are now not allowed to make an unbiased and non-partisan political video that contains "wholly or substantially based on unscripted or "reality" type programmes." Something like this.
3. You are now not allowed to make an unbiased and non-partisan political video that depicts "events, persons or situations in a dramatic way." Something like this.
4. You are now not allowed to make an unbiased and non-partisan political video that contains scenes of an illegal political event. Something like this.
http://forums.delphiforums.com/sunkopitiam/messages?msg=24855.2
While I leave the analysis to the bloggers and commentators, I will just spell out here in layman's terms what the amendments really mean to you.
WHAT HASN'T CHANGED IN FILMS ACT
The only major amendment is in Section 33 of the Films Act.
The rest of the Films Act remains largely unchanged. For example, the following sections still applies.
1. Section 14 requires that you submit any video in your possession (this includes video images stored in your handphone and private videos in your collection) to the Board of Film Censors (BFC).
2. Section 21 spells out the penalties if you possesses, exhibits or reproduces any unlicensed video.
3. Section 23 authorizes the police to enter and search your home, seize any unlicensed video(s) and to take into custody any person reasonably believed to be guilty of an offence under the Act.
WHAT HASN'T CHANGED IN SECTION 33
Section 33 prohibits the making, exhibition, distribution and import of "party political films", which are defined as videos or films that makes "partisan or biased references to or comments on any political matter." It also states that the penalties for such an offence is a conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years.
In general, the above has not changed. It still applies.
The only change to the above is that instead of the BFC, an Independent Advisory Board will now decide what constitutes "partisan or biased references" . The Board is slated to be headed by ex-district court judge Richard Magnus. The members of the Board have not been announced as yet.
WHAT IS "ALLOWED"
What is "allowed" here, as the Minister and the media gloat, is really a misnomer as there were no prior restrictions on such videos.
1. The new amendment states you can now make a video that contain the whole or material proportion of a political event(s) that are held according to the law. Please note that this new addition is NOT a liberalization as there were no sections in the previous Act that disallowed this. For example, my film Speakers Cornered (2006) was passed by the BFC prior to this new ruling. Ironically, this new amendment may actually criminalize Speakers Cornered as the participants of that protest are now undergoing trial!
2. The new amendment states you can now make political videos that do not contain any animation and must composed wholly of an accurate account of a political event or persons. Again this is NOT a liberalization as there were no sections in the previous Act that disallowed this. In fact, this is a new restriction dressed up as liberalization. Sneaky.
WHAT IS REALLY ALLOWED (where previously banned)
This is the only part that fits the bill of liberalization (but is negated later by more new restrictions).
The new amendment states that you can now make, exhibit and distribute videos composed wholly of a political party's ideologies and manifestos. But here's the catch - the videos must be made "on the basis of which candidates authorized by the political party to stand will seek to be elected at a Parliamentary election." Does this mean that someone like Dr Chee Soon Juan, who is ineligible to stand for elections due to his bankruptcy, is not allowed to appear in such videos? Will something like this be criminalized?
WHAT IS NOW NOT ALLOWED (where previously allowed, or not stated)
Get ready, here are the bombshells.
1. You are now not allowed to make an unbiased and non-partisan political video that contains any form of animation. Like this.
2. You are now not allowed to make an unbiased and non-partisan political video that contains "wholly or substantially based on unscripted or "reality" type programmes." Something like this.
3. You are now not allowed to make an unbiased and non-partisan political video that depicts "events, persons or situations in a dramatic way." Something like this.
4. You are now not allowed to make an unbiased and non-partisan political video that contains scenes of an illegal political event. Something like this.
http://forums.delphiforums.com/sunkopitiam/messages?msg=24855.2
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