Photo and Video Consent Form (Malaysia)
PHOTO AND VIDEO CONSENT FORM
Personal Data Protection Act 2010 (PDPA 2010) | Copyright Act 1987 | Communications and Multimedia Act 1998
Date: [Consent Date]
SECTION A: PARTIES
Subject: [Subject Name]
NRIC / Passport: [Subject NRIC/Passport]
Guardian (if applicable): [Guardian Name and Relationship]
Photographer / Organisation: [Photographer/Organisation Name]
SECTION B: SESSION AND PERMITTED USES
Session description: [Session Description]
Permitted uses: [Permitted Uses]
Geographic scope: [Geographic Scope]
Duration of use: [Usage Duration]
Compensation: [Compensation]
SECTION C: CONSENT DECLARATION
I, [Subject Name] (or [Guardian Name and Relationship] as legal guardian), grant consent to [Photographer/Organisation Name] to capture, use, reproduce, publish, and distribute photographs and video footage of me in connection with the session described above, for the permitted uses, within the geographic scope, and for the duration stated.
I confirm that:
1. This consent is given voluntarily and freely, without coercion or undue influence.
2. My personal data (including my image and likeness, which constitutes personal data under the PDPA 2010) may be processed by [Photographer/Organisation Name] for the stated purposes.
3. Copyright in the photographs and footage vests in the photographer / [Photographer/Organisation Name] under Section 27 of the Copyright Act 1987.
4. I may withdraw consent for future use of my images by written notice to [Photographer/Organisation Name], understanding that images already published in physical materials cannot be recalled.
5. I am 18 years of age or above (or consent is provided by my legal guardian).
Subject / Guardian
________________
Signature
Photographer / Organisation Representative
________________
Signature
What Is a Photo and Video Consent Form (Malaysia)?
A Photo and Video Consent Form in Malaysia documents a party's authorisation or waiver and the limits that apply to it.
Under the PDPA 2010, a person's image or likeness captured in a photograph or video constitutes personal data where the image can identify the individual — directly or indirectly. Section 6 of the PDPA 2010's Consent Principle requires that personal data not be processed without the consent of the data subject, making a signed Photo and Video Consent Form the appropriate mechanism for obtaining lawful consent to use identifiable images. The PDPA 2010 applies to data users processing personal data in the course of commercial transactions, and therefore applies to commercial photography, advertising, and marketing activities involving identifiable individuals.
The Copyright Act 1987 governs the ownership of copyright in photographs and videos in Malaysia. Under Section 27 of the Copyright Act 1987, the author (photographer or videographer) is the first owner of copyright unless the work is created during the course of employment, in which case the employer holds copyright. A Photo and Video Consent Form does not transfer copyright from the photographer to the subject — it grants the subject's consent to be photographed and the photographer's right to use the resulting work. Separate copyright licensing or assignment arrangements may be needed if the subject wishes to use the photographs independently.
The Communications and Multimedia Act 1998 regulates the publication of content on online platforms, social media, and websites in Malaysia. Publishing photographs or videos of a person without consent on social media platforms such as Facebook, Instagram, TikTok, or YouTube may constitute an offence under Section 233 of the Communications and Multimedia Act 1998 if the content causes annoyance, harassment, or distress to the subject, even absent any defamatory content.
For minors under 18, the parent or legal guardian must provide consent under the Age of Majority Act 1971. School photographs, class videos, and event recordings involving children require parental consent under both PDPA 2010 and the Ministry of Education Malaysia's data protection policies applicable to schools registered under the Education Act 1996.
The legal framework governing the Photo and Video Consent Form (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Photo and Video Consent Form (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1950 (Act 136) sets the foundational requirements.
When Do You Need a Photo and Video Consent Form (Malaysia)?
A Photo and Video Consent Form in Malaysia is needed whenever a photographer, videographer, business, school, healthcare facility, or media organisation captures and uses images or footage of identifiable individuals.
A Photo and Video Consent Form is required before a commercial photographer photographs a model for advertising campaigns, product packaging, editorial magazines, or brand content for companies registered under the Companies Act 2016. Without a signed release, the photographer cannot authorise the client to publish the images, and the model may bring a claim for unauthorised use of their likeness.
A Photo and Video Consent Form is needed before a media company, production house, or broadcaster captures footage of private individuals for documentaries, reality television programmes, corporate videos, or promotional content to be broadcast on free-to-air channels licensed by the Communications and Multimedia Commission (MCMC) or published on digital platforms.
A Photo and Video Consent Form is required before a Malaysian school, university, or educational institution photographs or videos students for school websites, annual reports, press releases, or social media publications. The Ministry of Education Malaysia's data protection guidelines and the Education Act 1996 require parental consent for the use of students' images.
A Photo and Video Consent Form is needed before a private hospital licensed under the Private Healthcare Facilities and Services Act 1998 photographs patients for medical education, case study publications, or hospital promotional materials. Patient images constitute both personal data under the PDPA 2010 and medical information protected by the doctor-patient duty of confidentiality.
A Photo and Video Consent Form is required before a Malaysian company uses photographs or videos of employees in marketing materials, company websites, social media, or recruitment brochures. Employees who have not consented to such use may object under the PDPA 2010 Right to Prevent Processing Causing Damage (Section 42) or file a complaint with the Personal Data Protection Commissioner.
What to Include in Your Photo and Video Consent Form (Malaysia)
A Photo and Video Consent Form in Malaysia that complies with the Personal Data Protection Act 2010 and the Copyright Act 1987 must include the following elements.
Identification of Parties: The full legal names and contact details of the subject (the person being photographed or filmed) and the photographer, videographer, or organisation obtaining consent. For commercial photography, the photographer's company registration number with SSM under the Companies Act 2016 should be stated.
Description of the Photo/Video Session: The date, location, and nature of the photography or videography session — for example, a commercial product shoot at Studio XYZ, Kuala Lumpur on a specified date — must be described so the scope of consent is clear.
Permitted Uses: The form must specify exactly how the images or footage may be used — including advertising, social media, print media, websites, internal company use, or educational materials — and whether use is perpetual or time-limited. Open-ended consent to use images for any purpose may be vulnerable to challenge under the PDPA 2010 Purpose Limitation Principle (Section 7).
Geographic Scope: Where images will be published internationally — on global social media platforms, international publications, or foreign websites — the form should state the geographic scope of permitted use. Cross-border transfer of personal data (images) is subject to the PDPA 2010 Transfer Principle.
Right to Withdraw and Opt-Out: The form should address the subject's right to withdraw consent for future use of images under the PDPA 2010 Section 38, while acknowledging that images already published in physical media (printed brochures, books) cannot practically be recalled.
Compensation or Consideration: Whether the subject is receiving payment, royalties, credit, or other consideration for granting consent should be stated. Consideration strengthens the contractual basis of the consent under the Contracts Act 1950.
Minor's Consent: For subjects under 18, the parent or legal guardian must sign, with their relationship to the minor confirmed. Schools and educational institutions should retain signed parental consent forms in the student's records under Ministry of Education Malaysia data management guidelines.
Signature and Date: Signed by the subject (or guardian), with the date and countersignature of the photographer or organisation representative.
Additional compliance elements for a Photo and Video Consent Form (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Photo and Video Consent Form (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/personal/consent/photo-video-consent-malaysia
"Photo and Video Consent Form (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/personal/consent/photo-video-consent-malaysia.
@misc{formslegal-photo-video-consent-malaysia,
author = {{Forms Legal}},
title = {Photo and Video Consent Form (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/personal/consent/photo-video-consent-malaysia}},
note = {Free legal document template. Based on Contracts Act 1950 (Act 136)}
}
Frequently Asked Questions
Photographing a person without consent is not automatically illegal in Malaysia in public spaces, but using or publishing such photographs may violate the Personal Data Protection Act 2010 (PDPA 2010) and the Communications and Multimedia Act 1998 (CMA 1998). In public places, there is a reduced expectation of privacy and photography is generally permitted under the CMA 1998. However, using identifiable photographs of individuals for commercial, marketing, or publication purposes without consent constitutes processing of personal data without the data subject's consent under the PDPA 2010 Consent Principle (Section 6), which is a criminal offence carrying a fine of up to RM 500,000 or imprisonment for up to three years under Section 129 of the PDPA 2010. Section 233 of the CMA 1998 creates an offence for using a network facility or service to send content that causes annoyance, harassment, or distress — this has been applied to the non-consensual sharing of photographs online.
Under the Copyright Act 1987 (Malaysia), copyright in a photograph vests in the author — the photographer — who is the first owner of copyright under Section 26. An exception applies where the photograph is taken during the course of employment, in which case the employer is the first owner of copyright under Section 26(2). Copyright in photographs lasts for the lifetime of the photographer plus 50 years under Section 17 of the Copyright Act 1987. A Photo and Video Consent Form signed by the subject grants consent for the use of images but does not transfer copyright to the subject. If the subject wants the right to use, copy, or distribute the photographs, a separate copyright licence or assignment agreement under the Copyright Act 1987 must be executed. Commissioned photography — where the subject pays the photographer for a portrait session — creates copyright in the photographer (not the subject) under Malaysian copyright law unless a written assignment is made.
A Photo and Video Consent Form in Malaysia may be revoked by the subject under the Personal Data Protection Act 2010 Right to Withdraw Consent, but revocation only operates prospectively — it prevents future use of the images from the date of revocation but cannot undo use that has already occurred (for example, images already published in print or broadcast on television). Under Section 38 of the PDPA 2010, a data subject may request that a data user cease processing their personal data, and the data user must comply within 21 days of receiving the request. Contractually, the consent form may include a non-revocation clause for images already incorporated into published materials — for example, a catalogue already printed — which Malaysian courts would likely uphold as a reasonable commercial limitation. Where the consent form was signed by a minor's guardian, the minor may seek revocation upon reaching the age of 18 under the Age of Majority Act 1971.
The Personal Data Protection Act 2010 (PDPA 2010) applies to the processing of personal data in the course of commercial transactions and does not apply to purely personal or domestic use of photographs. An individual posting personal holiday photographs on their own social media account is not subject to PDPA 2010 obligations. However, a business, organisation, school, media company, or any entity engaged in commercial activities that publishes identifiable photographs of individuals on social media is subject to PDPA 2010 requirements — including the Consent Principle and the Security Principle. The Communications and Multimedia Commission (MCMC) has jurisdiction over online content under the Communications and Multimedia Act 1998, and Section 233 of that Act applies to both commercial and non-commercial users who publish content online that causes annoyance or distress. Malaysia does not have a standalone personality rights or right of publicity law, but the combination of PDPA 2010, CMA 1998, and the Defamation Act 1957 provides legal recourse for unauthorised use of images.
Filming at an event in Malaysia — including concerts, corporate events, weddings, sporting events, and public gatherings — typically requires consent from the event organiser and, where identifiable individuals are filmed for use beyond the event itself, from the individuals concerned. Event organisers can obtain crowd consent through prominent notices at venue entrances stating that the event will be filmed and that attendance constitutes consent to being filmed for specified purposes — this is a common notice-based consent mechanism for large gatherings. However, for footage that will identify specific individuals in promotional, commercial, or editorial content, individual consent is preferable and required under the PDPA 2010. Filming at private events (weddings, birthday parties, private corporate dinners) without the organiser's consent may constitute trespass or a breach of privacy. Filming of public officials and politicians in their official capacity in public settings does not generally require individual consent, but such footage remains subject to defamation law under the Defamation Act 1957 if published alongside false statements of fact.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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