Fahmi: Foreign artistes guideline passed pre-GE15, issues identified

 

The updated Central Agency for Application for Filming and Performance by Foreign Artistes (Puspal) guidelines were drafted and approved prior to the 15th general election (GE15).

Communications and Digital Minister Fahmi Fadzil said the guidelines were passed on November 16, 2022 - three days prior to GE15 and prior to him being made minister.

Any criticisms against the updated guidelines should be directed to the previous administration led by Ismail Sabri Yaakob, he said.

However, Puspal has been directed to review issues raised by key industry players regarding the guidelines.

“The present guidelines can be used and any issues presented to us could be amended, if needed, at that point in time,” he said after attending a town hall meeting organised by Puspal today.

Communications and Digital Minister Fahmi Fadzil and his deputy Teo Nie Ching at the Puspal town hall event

It was reported yesterday that the guidelines, effective 2024, would require foreign artistes to avoid holding “large-scale” performances during or on the eve of Islamic holidays out of respect for religious activities.

This is unless they have received permission from the relevant Islamic authorities.

The Islamic holidays listed in the new guidelines include the entire month of Ramadan, Islamic New Year (Awal Muharram), Prophet Muhammad's birthday, Israk and Mikraj, Nisfu Sya'ban, Nuzul Al-Quran, Hari Raya Aidilfitri, and Hari Raya Haji.

The new guidelines also provided specific dates to organisers in holding foreign artiste performances around National Day and Malaysia Day - with Aug 30, Aug 31, Sept 15, and Sept 16 being off limits. Under the old guidelines, such performances could not be held from Aug 25 to Sept 16.

More clarity needed

Arts, Live Festivals, and Events Association (Alive) president Rizal Kamal lauded the government’s move to reduce the number of blackout dates.

However, he said that more clarification of “large-scale” performances as well as a discussion on the ban of performances on some of Islamic days is needed.

“Right now, we can see the government wanting to be more progressive or moderate.

“What is considered a large concert? It is not properly defined. Is the venue of PJ PAC (Petaling Jaya Performing Arts Centre) of 700 considered large? Is Zepp, Kuala Lumpur (capacity of) 2,500 large? Or Axiata Arena of maybe an 8,000-10,000 audience large?

“We don’t have a clear definition on what’s not allowed yet and hopefully it will be resolved before its (the guidelines) full implementation in 2024,” he said.

Star Planet managing director Alan Foo also lauded the updated blackout dates, however, questioned the rationale behind prohibiting performances on the eve of National Day.

“We feel that on the eve of Merdeka Day, there should be a celebration. On that part, I personally don’t agree,” he said.

Meanwhile, the newly issued guidelines also explicitly prohibit foreign male and female artistes from removing their clothes during their performances.

In addition, male performers are prohibited from crossdressing as women.

Foo acknowledged that while some of the guidelines, such as the term “crossdressing” fell in a grey area, organisers had room to appeal against any of Puspal’s decisions.

“Sometimes it is actually a guideline, it is not do’s and dont’s. Sometimes it falls in a grey area.

“(In these instances) we (organisers) have to talk to the committee (and explain) that some outfits may not be a female dressing but the traditional outfit of another country. we have to prove it to them.

“What may look to us as female dressing, could be part of someone else’s culture. We are given chance to appeal (to Puspal),” he said.

What of the entertainment tax?

During today’s town hall session, many industry players, including Kamal and Foo, have voiced their uncertainty surrounding the government’s 25 percent entertainment tax.

While entertainment tax is not under the purview of Puspal or the Communications and Digital ministry, Fahmi took note of the industry players’ plight.

“So far, the previous government, even prior to the Covid-19 pandemic, has been waiving the 25 percent entertainment tax to promote tourism.

“The entire industry is very uncertain, we don’t know when it will be implemented but we have not collected from ticket sales in performances held this year.

“Now, we need (a waiver on entertainment tax) more than ever. Neighbouring countries do not implement entertainment tax or have very little (tax). 

“As far as Malaysia is concerned, we are losing out to countries such as Singapore, Thailand, and Indonesia,” said Foo. 

Kamal, on the other hand, called for an exemption to entertainment tax for the next two to three years.

He added that several industry players will meet with Deputy Finance Minister Steven Sim next week regarding the entertainment tax. - Mkini