. Any legislative restrictions which nullify or render constitutional rights illusory are unconstitutional and void since they effectively prohibit the exercise of constitutional rights. , It is submitted that S22 of Finas is unconstitutional and void since everyone isfrom exercising his freedom of expression under Article 10 in terms of production, distribution or exhibition of films or any combination of those activities unless a licence is first obtained from the ‘Perbadanan’ under Finas.
The ‘restriction’ which S22 of Finas imposes is a total prohibition on the ;right of expression by way of production, distribution, or exhibition of films or any combination of those activities. Inthe Federal Court decided that restrictions are void because they are intrinsically disproportionate. Statutory provisions of Finas) which provide an absolute discretion violates Article 8’s promise of equal treatment.
Source: Entertainment Trends (entertainmenttrends.net)
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