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Daily Express
01-07-2025
- Entertainment
- Daily Express
Music industry bodies secure leave to challenge new copyright guidelines
Published on: Tuesday, July 01, 2025 Published on: Tue, Jul 01, 2025 By: Ho Kit Yen, FMT Text Size: Public Performance Malaysia Bhd and Recording Performers Malaysia Bhd are challenging the Guidelines of Copyright (Collective Management Organisations) 2025. Kuala Lumpur: The High Court has granted two collective management organisations (CMOs) representing the rights of recording performers in Malaysia leave to bring judicial review proceedings to challenge a new regulatory framework slated to come into force next year. Justice Amarjeet Singh allowed Public Performance Malaysia Bhd (PPM) and Recording Performers Malaysia Bhd (RPM) to pursue judicial review proceedings in their bid to quash the Guidelines of Copyright (Collective Management Organisations) 2025. The court also fixed Aug 7 to hear the application by PPM and RPM to stay the enforcement of the guidelines pending the disposal of the lawsuit. PPM and PRM named the controller of copyright, MyIPO, and the domestic trade and cost of living minister as respondents in their application. They claim the guidelines – scheduled to come into force on Jan 16, 2026 – were drawn up and issued by the respondents without proper consultation. They said they were only provided last year with a public consultation paper that outlined general proposals, without the specific details necessary for meaningful feedback. Both bodies claimed they only came to know the full contents of the guidelines when it was published earlier this year. They said the guidelines contained 'sweeping provisions' relating to the internal structure, constitution and governance of a CMO, its agreement with constituent members, and the terms of the licensing scheme to be implemented. They also said the copyright controller, tasked with regulating copyright matters, did not accord them a fair opportunity to be heard and reply. They further alleged that the guidelines contained provisions that exceed the powers vested by law in the controller. The court also fixed July 10 to hear a separate bid by Music Authors Copyright Protection Bhd (MACP) for leave to commence a judicial review over the same guidelines. PPM, RPM and MACP had said that they disagreed with the guidelines as it could negatively impact copyright holders. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Daily Express
09-06-2025
- Business
- Daily Express
Ex-KL Tower operator loses bid to cite minister for contempt
Published on: Monday, June 09, 2025 Published on: Mon, Jun 09, 2025 By: Ho Kit Yen, FMT Text Size: The Kuala Lumpur High Court dismissed Hydroshoppe Sdn Bhd's bid to bring contempt proceedings and secure an injunction against the government and LSH Service Master Sdn Bhd with costs of RM65,000. (Envato Elements pic) Kuala Lumpur: The High Court here has dismissed an attempt by the former operator of KL Tower to initiate contempt proceedings against communications minister Fahmi Fadzil and seven others, including federal territories land and mines director general Azmi Mohd Zain. Justice Roz Mawar Rozain ruled that the plaintiffs – Hydroshoppe Sdn Bhd and Menara KL Sdn Bhd – failed to establish the commission of acts by the defendants that disrupted the administration of justice or court proceedings. Advertisement 'The plaintiffs' lease expired on May 31 and (the government, named as a defendant in the proceedings) is entitled to retake possession,' the judge said when handing down her decision. Ros Mawar added that LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd, and Service Master (M) Sdn Bhd, also named as defendants, came in subsequently under a new concession agreement. She ordered Hydroshoppe and Menara KL to pay a total of RM25,000 in costs to the government and LSH Service Master. The court also dismissed an injunction application filed by Hydroshoppe against the government and LSH Service Master, holding that it had been rendered academic. Advertisement The judge ordered Hydroshoppe to pay the government and LSH Service Master an additional sum of RM40,000 as costs over the dismissal of the injunction. The court will hear the bids by the government and LSH Service Master to strike out Hydroshoppe's lawsuit on July 14. Hydroshoppe and Menara KL filed the suit claiming that the LSH group had induced the commission by the government of a breach of contract. They asked the court to declare the award of the KL Tower concession to LSH Service Master void and unlawful. They also sought an estimated RM1 billion in damages, and for the concession to be transferred back to them. Lawyer Vinayak Sri Ram appeared for Hydroshoppe while senior federal counsel appeared for Fahmi and lawyer Malik Imtiaz Sarwar represented LSH Service Master. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Daily Express
06-06-2025
- Business
- Daily Express
Sports Toto failed to prove Perlis gaming ban decision, says court
Published on: Friday, June 06, 2025 Published on: Fri, Jun 06, 2025 By: Ho Kit Yen, FMT Text Size: The High Court in Kangar refused STM Lottery Sdn Bhd and four others leave to bring judicial proceedings against the Perlis state government, saying the application was 'frivolous'. PETALING JAYA: The Kangar High Court dismissed a bid by Sports Toto Malaysia and four others to revive their gaming business in Perlis, saying the application failed to identify any 'official decision' that could be made subject to judicial review. Justice Arik Sanusi Yeop Johari said the applicants had not identified any decision by the Perikatan Nasional-led state government that had impacted their livelihood. Advertisement Instead, they relied on printed and online news reports about the state's purported refusal to issue lottery operators licences for business premises, the judge said. 'The applicants only cited printed and online news reports (about the purported decision). 'These news reports cannot be considered an 'official decision' made by the state government, and thus the application is frivolous,' Arik said in a judgment issued last week. The judgment set out the grounds for a decision he had handed down last year. The applicants – STM Lottery Sdn Bhd, Leong Jenn Kiang, Chin Soo Shian, C Santha and Yip Kok Chyun – are appealing the decision to the Court of Appeal. They are seeking to quash the Kangar municipal council's decision not to renew the licences for their business premises, thereby preventing them from operating their lottery business. They contend that matters relating to the issuance of gaming licences are within the purview of federal law. For that reason, they said the state authorities' decision was irrational, ultra vires the powers vested in the municipal council and the state government, and contravened the Federal Constitution. However, Arik said the application for leave to bring judicial review proceedings was bound to fail for lack of a formal decision. The judge added that even if such a decision had been made, the matter was one of policy. 'The court does inquire into policy making decisions,' he said. The applicants' appeal will come up for case management in the Court of Appeal on June 16. Parallel case in Kedah Meanwhile, a High Court in Alor Setar last year quashed the Kedah government's refusal to renew the licences of several pool betting agents, their companies and officers. The court held that the state government had overstepped its powers under the Federal Constitution in doing so. It said pool betting and lotteries were matters within the federal government's purview, and that the state government had no power to ban them. The state government's appeal from that decision was heard by the Court of Appeal on May 26, which has reserved its judgment. The appeal has been fixed for case management on June 24. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Daily Express
16-05-2025
- Politics
- Daily Express
Muslim convert fails in bid to return to Christianity
Published on: Friday, May 16, 2025 Published on: Fri, May 16, 2025 By: Ho Kit Yen, FMT Text Size: The Court of Appeal today reaffirmed that shariah courts have exclusive jurisdiction in cases involving the renunciation of Islam, and the civil courts cannot interfere. PUTRAJAYA: The Court of Appeal here has dismissed a Muslim convert's attempt to renounce Islam and revert to his original faith of Christianity. Justice M Nantha Balan, who chaired a three-judge panel, held that the man's appeal had no merit. Advertisement Sitting with him were Justices Nazlan Ghazali and Azmi Ariffin. The 47-year-old man married a Muslim woman in 2010. However, they divorced five years later. In 2016, he filed an application in the shariah court to renounce Islam, but was ordered to attend 'counselling sessions' instead. The shariah court subsequently dismissed his renunciation application and ordered that he undergo further counselling sessions. The man's appeal to the shariah appeals court was also rejected. He then turned to the civil courts seeking to nullify the shariah court's decision, and sought a declaration that he is entitled to profess his original faith. His legal challenge was dismissed by the High Court in 2023. Nazlan, who read out the judgment today, said the civil court had no jurisdiction to hear cases from the shariah courts. 'This is not a case of him never being a Muslim but a renunciation (of Islam). 'We affirm that shariah courts have the exclusive jurisdiction to hear these cases and civil courts cannot interfere,' he added. The court also noted that the shariah court had dismissed the man's application to renounce Islam on grounds that the evidence presented was 'insufficient'. 'He can apply again before the shariah court,' Nazlan said, noting that there had been cases of successful renunciations. The court made no order as to costs. The man was represented by lawyers Iqbal Harith Liang and Firdaus Danial Tan, while senior federal counsel Idayu Amir appeared for the federal government. * Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss. * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
