SG clamps down on foreign freelancers, but industry voices say nuance is needed

Singapore companies have been reminded not to engage foreign freelancers for creative services such as photography, videography, and make-up for weddings and events, following a new advisory from the Ministry of Manpower (MOM) issued alongside the Visual, Audio, Creative Content Professionals Association (VICPA).

The advisory, which comes amid reports of companies hiring foreigners on tourist or student visas, outlines penalties under the Employment of Foreign Manpower Act (EFMA) including fines of up to SG$20,000, jail terms of up to two years, and future work bans. Companies and individuals found in breach face the same penalties.

MARKETING-INTERACTIVE has reached out to the VICPA for comments.

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Comments seen by MARKETING-INTERACTIVE on VICPA's Facebook post sharing the advisory have been mixed thus far, with some users thanking the VICPA for its efforts and others questioning if companies can no longer use platforms such as Fiverr, an online marketplace for freelancers. Users also questioned if foreign professionals such as established directors, were no longer able to work in Singapore for projects.

While VICPA has positioned the move as protecting local creative freelancers, industry leaders say the reality is a little more nuanced. In conversation with MARKETING-INTERACTIVE, Benjamin Lee, better known as Mr Miyagi, head of commercial and marketing at production company Beach House Pictures, questioned the effectiveness of a broad-brush legal approach.

“A decade ago, a freelancer named David Attenborough narrated a nature documentary produced by Beach House Pictures and Channel NewsAsia, both Singaporean companies. It’s pretty hard to say that we took the job away unfairly from a local,” he said.

While Lee acknowledges that the VICPA advisories are well-intentioned and aim to protect freelancers’ interests, he explained that the new guidelines can be seen as rather short-sighted and might fail to account for the complex nature of creative projects.

“We would be much poorer if we had this closed-door policy that might stop our creatives from learning and collaborating with the best in the region and the world,” he added.

Lee suggested a more targeted approach where the likes of VICPA should champion local creatives in adding value to and developing their skillsets so they can compete with "the best the world has to offer." 

“There might be companies who hire foreign talent purely from a cost perspective. These are the ones you need to address specifically, and not rely on a sledgehammer of a piece of law to assuage the fears of our freelancers," said Lee. 

Farrokh Madon, chief creative officer at Pirate, echoed the need for nuance, distinguishing high-end creative projects from routine services.

“Singapore, being an international city, has always been open to foreign talent wherever it is essential," said Madon, adding that there was significant foreign talent that came in to film the Emmy award-winning series, Hacks. 

The important thing, Madon said, is that they came in through the right legal channels. The project was of an extremely high calibre too.

However, Madon drew a line at basic creative services. “For events such as wedding photography and basic videography, Singapore has abundant competent talent."

He stated:

Getting foreign talent without a relevant work pass is clearly an attempt to provide cheaper services. Not better quality services.

In this regard, it is right to protect local talent who are more than capable of doing the work for a fair rate, he explained. "After all they live in Singapore and should be paid a fair professional fee that allows them to live in Singapore.”

Sharing Madon's take, Jay Soo, CEO and director of Moving Bits stressed that much of the debate stems from a misunderstanding of how foreign talent is engaged. Outsourcing work to overseas creatives who remain in their home countries is entirely legal, he noted.

“The situation the government is addressing, however, concerns individuals who are physically in Singapore taking on jobs, often undercutting local professionals by charging significantly less. This mainly affects events companies operating in Singapore,” Soo said.

He emphasised that enforcement must be consistent, pointing to high-profile international projects such as when acclaimed Canadian director Celine Song filmed David Beckham at Marina Bay Sands for its new "Above beyond" brand vision. 

“Technically, the same rules should apply—foreign directors working here should be subject to the same taxes and regulations as anyone else. These rules should apply universally, not just to neighbouring countries where talent may come at a lower cost, but also to big-name Western directors who are far more expensive," explained Soo.

While Soo welcomed foreign talent and praised Singapore’s creative industry as “very professional and highly talented,” he argued that regulation must be applied fairly. “If the government intends to enforce these rules, they should be applied consistently,” he said, adding that enforcement will be challenging.

Businesses are struggling, so I can’t fault them for making cost-driven decisions—but this isn’t about professionalism. Our creative system is strong; the issue lies in consistency and fairness of regulation.

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