Armed to fight piracy
By HARIATI AZIZAN
Come this time next year, the Government may be taking action against anyone who owns even one pirated DVD, VCD or CD.
WHILE her friends – and throngs of other young girls nationwide – swamped the local cinema over the past week to catch the vampire blockbuster hit they have been waiting for, The Twilight Saga: New Moon, media student Misha Ahmad, 19, was rushing to her neighbourhood VCD* shop to get the vampire film she’d been coveting for months –Thirst.
The South Korean thriller, which won the Jury Prize at the Cannes International Film Festival last May, is one film that will never hit the Malaysian cinema circuit, says Misha.
“It is critically acclaimed but you don’t get to watch movies like this in the cinema here because it may be too risqué for our censorship board. You can’t even buy the original DVD here because of the censors,” she says.
And that is why she buys a lot of pirated discs, she shares, adding that she spends around RM100 a month on them.
“I love foreign and art films and the only way I can get them is from overseas, Amazon.com or the (pirated DVD) store. And when you can spend RM15 down the road instead of RM150 plus travel or delivery expenses, which one will you choose?” she argues.
For bank clerk Amin Saad, 36, buying pirated discs is more of a necessity.
“I have three children, so one family outing to the cinema would cost me at least RM50, and that does not include meals or even snacks. If we buy a DVD, it will only cost RM10, no transport, and we can make the food ourselves. And we can still enjoy watching a movie together,” he says.
Whatever the reason, watching movies on pirated discs is one of the most popular Malaysian pastimes.
Similarly, pirated music discs are also a hit with many Malaysians.
It is no wonder that the recent news of the Government’s plan to prosecute anyone caught with even one pirated optical disc (DVD, VCD or music CD) – regardless of whether it is for personal use –has created a big stir.
As Domestic Trade, Co-operatives and Consumerism Minister Datuk Seri Ismail Sabri Yaakob who mooted the measure warned, owning pirated discs, even if only one, is an offence.
“If we are to protect the creativity of film producers, music composers and the like, we must not only educate people but also mete out stiff penalties,” he said.
The advent of technology, which has made it easier to pirate material, and the huge demand, has boosted the local pirated disc market, he said.
The ministry’s Enforcement Division seized more than RM300mil worth of pirated discs from 2004 to 2008. Last year alone, the ministry seized more than RM20mil worth of pirated discs. As of September this year, up to 618, 618 pirated discs have been confiscated.
According to director-general for enforcement Roslan Mahyuddin, however, the number of pirated optical disc operators has decreased or gone underground, making them difficult to trace.
As of Sept 2009, only 177 “pirates” were arrested compared to 532 for the whole of last year. Hence, cutting demand is an important enforcement measure.
The Police reportedly have long mulled over hauling up those who buy or are in possession of pirated discs to put an end to such syndicates in the country.
For instance, in Penang where piracy is rampant, the state police chief has revealed publicly that their operations against pirated disc retailers have not been effective, and it is seriously deliberating such a drastic action.
For this aim, the Government said that it will propose amendments to the Copyright Act next year.
Richard Wee, chair of the Kuala Lumpur Bar’s Information Technology Committee, lauds the Government’s proposed move, describing it as a positive step that will ensure less leakage to piracy.
Currently, he explains, there are provisions in the Copyright Act that allow the authorities to conduct search and other action but any amendment must take into account the Presumption of Innocence and the rights guaranteed in our Federal Constitution. “There must be safeguards in the amendments (which I presume will be in that Copyright Act).”
Wee adds that there are other measures that need to be taken for a tougher action against piracy and illegal downloading.
“The usual way is to impose an extremely high penalty. Also, the law may allow the authorities wider power of seizure and search, but with the public perception of not trusting the authorities, I would not recommend this at all.
“Instead, the authorities should embark on a ‘persuasion’ approach: not by producing sub-standard campaign via Filem Negara but by showing (for example) the ‘making’ of the movies’ – show people how difficult it is to produce a movie. The usual education thingy – go back to school; tell our kids to buy original. They must also persuade the DVD producers to lower the price of the original.
“I think my views here are not new but I will say something extra. I would prefer to stamp out illegal DVD but if all else fails, please consider legalising the illegal DVD producers. Collect tax from them and use that tax to pay the movie makers.
“I know this is a simplistic way and I know many will attack this plan. But think about it and see how we can make it work (if we do agree to do this). The mechanism and other details can be worked out,” says Wee, who believes that both the suppliers and consumers are to be blamed.
“If the consumer respects the concept of creativity and originality, then we will not be in this mess. But at the same time, original DVDs/CDs are outrageously priced. I cannot understand how a show which can be seen at a cinema for RM10 can be sold in DVD form for as high as RM100.
“While I understand that a DVD can be watched anytime (hence the higher price), the cost of making a DVD is so low it does not make sense to charge so high. So, this high price obviously drives the demand (for pirated versions) up.”
While pirated DVDs/CDs is an urgent problem, the Internet is also a massive issue to combat, he adds.
“In my view, bodies like the Malaysian Communications and Multimedia Commission (MCMC) etc must take steps to ensure movies and songs are not illegally available to be downloaded on the net to ensure this proposed crackdown will work. There is no use imposing a stiff penalty when an ordinary Malaysian can go to a website and download a movie.”
Not surprisingly, most industry players laud the move.
As Universal Music Group International senior vice-president for Asean Sandy Monteiro puts it, piracy has decimated the creative industry in Malaysia for the last 15 years.
The Malaysian music industry, for instance, has been recording an annual reduction in its revenue in the last decade – from the high average annual sales of RM200mil in the late 1990s to the current average of RM80mil a year.
“It is not the question of how we get rid of pirated discs. The question is how do we sustain the creative industry in the country. The industry needs to get the support of the public, and if they cannot do it out of the goodness of their heart, maybe the Government needs to be more aggressive,” Monteiro says.
“If the proposed move creates a disincentive or discourages people from buying pirated products which will help our creative industry survive, then I say why not?”
Calling the move a “bold step”, he adds that the message is more important than the action.
“The primary objective of the proposal is to instil fear in people that if they buy pirated products there is a chance they will be prosecuted. In most cases, the situation can be described as closing the stable door after the horse has bolted but if it creates the atmosphere where there is a flowback to legalised products then this is good.”
Norman Abdul Halim, chief executive officer and president of KRU Group concurs.
“I think taking action is a fair thing to do. Malaysian users are aware that the content is illegal in the first place but they still partake in it,” he says.
“It is a crime. For example, if you knowingly buy stolen goods, you are breaking the law. So, I believe that what the government is trying to do is good.”
Norman says that when the law is enforced or passed in parliament, it will only take action against those who break the law. “It will help stop people from buying pirated materials,” he stresses.
There are also many in the industry who feel that the Government needs to eliminate the supply first.
“But I think the supply is driven by the demand,” says Norman. “The big issue is the demand, so that is why it is equally important to take action against those who break the law by buying pirated stuff.”
Malaysian Film Producers Association president Ahmad Puad Onah stresses that pirated goods should not be in the market at all.
“The authorities should make sure that they are not available, not chase after the people who buy them. As long as people see them in the market they will not think that they are illegal and will buy it.”
* “VCD, DVD and CD” is used interchangeably to refer to optical discs with video or audio data.
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