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Daily Express
3 days ago
- Business
- Daily Express
SAFVA seeks legal clarity, fair deal for Sabah creatives on Borneo.TV
Published on: Thursday, July 10, 2025 Published on: Thu, Jul 10, 2025 Text Size: KOTA KINABALU: The Sabah Film and Visual Association (SAFVA) has raised critical legal concerns over operations, despite welcoming the state-backed platform's aim to promote local talent. SAFVA Legal Advisor Yong Yit Jee questioned whether income from Sabah-made content is being fairly channeled back to the state, given that is owned by a Peninsular-based company. 'We want transparency on how revenue is allocated .Sabah's creative output must benefit Sabah,' he said. He also called for clear protection of local artists' intellectual property and royalties. 'There must be explicit terms ensuring Sabah talents receive fair compensation and retain rights over their work.' Yong warned that IB Media Consultant Works Sdn Bhd, which operates must confirm its broadcasting licenses and compliance with the Personal Data Protection Act 2010 (PDPA). 'Without proper licensing, all parties involved risk legal exposure. The same applies if PDPA compliance is not met,' he stressed. SAFVA further emphasized the need for consent from indigenous communities before featuring cultural content. 'Free, Prior, and Informed Consent is non-negotiable when indigenous identity is involved,' he said. The association is also calling for the public release of the agreement between the Sabah Maju Jaya (SMJ) Secretariat and IB Media, urging full transparency. 'We need to see if this deal truly protects local creatives,' Yong said, adding that SAFVA seeks a joint dialogue with SMJ, IB Media, and other stakeholders to address these concerns constructively. * 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
Borneo Post
4 days ago
- Business
- Borneo Post
SAFVA raises critical legal concerns over Borneo.TV's impact on Sabah's creative industry
Yong Yit Jee KOTA KINABALU (July 9): The Sabah Film and Visual Association (SAFVA) welcomes the Sabah State Government's initiative through to promote local artists and talents but is concerned about legal issues. 'We commend the effort to elevate Sabah's creative industry and provide our community with an international platform for exposure. 'However, we have serious concerns about several potential legal issues that need to be addressed to ensure that operates in a fair, transparent, and legally compliant manner,' said SAFVA legal advisor Yong Yit Jee. ' is owned by IB Media Consultant Works Sdn Bhd, a Peninsular-based company. There is a need for clarity on whether the income generated from Sabah's content is being properly allocated to the state. Any income derived from local productions should contribute to Sabah's tax revenue as it directly pertains to the state's economic growth,' said Yong in a statement on Wednesday. He said there is no clear guarantee on how local Sabah talents' intellectual property will be handled. 'We urge transparency in the contractual agreements between the Sabah Maju Jaya (SMJ) Secretariat and IB Media. Specifically, it is vital to ensure that Sabah's artists will receive appropriate royalties for their work and that their intellectual property rights are protected.' Yong added IB Media must confirm that it holds all necessary broadcasting licenses and permits from relevant bodies like the Malaysian Communications and Multimedia Commission (MCMC). Without the proper legal authorizations, the platform could be operating in violation of Malaysian laws, exposing all stakeholders to potential legal liabilities. ' will likely collect personal data from both creators and viewers. We are concerned that the platform may not be fully compliant with the Personal Data Protection Act 2010 (PDPA). Any breach of privacy regulations could result in severe legal consequences for the platform and its stakeholders.' 'We urge the government to ensure that has clear terms of service and content guidelines. This is crucial to limit the platform's liability regarding user-generated content, including defamatory or infringing material. Legal protection mechanisms should be in place to ensure that local content creators are not unfairly exposed to legal risks. With content highlighting Sabah's indigenous cultures, he said it is critical that respects the principle of Free, Prior, and Informed Consent (FPIC). Failure to consult with indigenous communities before using their cultural elements could lead to legal action, particularly if these communities feel their rights have been violated or their culture exploited without proper consent. 'We strongly advocate for the public disclosure of the agreement between the SMJ and IB Media Consultant Works Sdn Bhd. Transparency in the terms of this partnership is essential to ensure that local artists' rights and interests are clearly protected. This will also allow the public to assess whether the platform is truly serving the local creative community's best interests.' In light of these concerns, SAFVA calls for a constructive dialogue between the Sabah Maju Jaya (SMJ) Secretariat, IB Media, SAFVA, JATIKS, and other local talent groups. This dialogue is crucial to address these potential legal issues and ensure that operates in a manner that respects the legal, economic and cultural rights of Sabah's creative community. SAFVA is committed to working with the state government, IB Media, and other stakeholders to ensure that Sabah would have her own legally compliant and sustainable platform that benefits Sabah's creative industry.
Borneo Post
04-07-2025
- Politics
- Borneo Post
Jeffrey urged to lead Sabah's political reawakening
Robert Richard Foo KOTA KINABALU (July 4): As Sabah gears up for the 17th State Election, a passionate open letter from a lifelong member of Parti Solidariti Tanah Airku (STAR) has captured the sentiments of many Sabahans hoping for true local leadership. Addressed to STAR President Datuk Seri Panglima Dr Jeffrey Kitingan, the letter — penned by Robert Richard Foo — calls on the veteran leader to rise not just as a political contender, but as the 'fearless general' who will lead Sabah into a new era of autonomy and dignity. 'The next government will determine the trajectory of our state for the next decade — whether we rise with dignity or remain sidelined under external political dominance,' Foo wrote. 'The responsibility now falls squarely on you — and on STAR — to rise and lead.' The letter highlights growing dissatisfaction among Sabahans over decades of what Foo describes as 'external control' by Peninsular-based parties that have failed to address the state's unique needs. It emphasizes frustrations over lagging infrastructure, unfulfilled promises under the Malaysia Agreement 1963, and the perception that Sabah's wealth continues to benefit outsiders more than locals. 'Sabahans are weary. We are tired of being treated as a vote bank,' the letter states. 'The people no longer want cosmetic change. They demand structural reform.' Foo's message urges STAR to position itself not as a junior coalition partner, but as the leading force in a movement for true self-determination. He calls on Jeffrey to field dynamic, assertive candidates and to reconnect with the youth — the future voters who are increasingly disillusioned with the political process. 'This election is not just about winning seats,' the letter reads. 'It is about defining Sabah's future. It is about saying enough to external control. It is about claiming our rightful place in Malaysia — not as dependents, but as equals.' As the political climate in Sabah heats up ahead of the state election, Foo's open letter echoes a growing grassroots sentiment: that the time for hesitation is over, and STAR must now transform from symbol to solution. In his closing plea, Foo writes, 'YB DSP President, will you rise above politics and answer the call of history? Lead us to that victory. Because this time, failure is not an option.'
Borneo Post
16-06-2025
- Politics
- Borneo Post
Kota Sentosa rep urges Peninsular politicians to respect Sarawak's constitutional status
Wilfred Yap – Photo by Chimon Upon KUCHING (June 16): Kota Sentosa assemblyman Wilfred Yap has expressed deep concern that some politicians from Peninsular-based political parties continue to misrepresent Sarawak's rightful constitutional position as one of the founding partners of Malaysia. The Sarawak United People's Party (SUPP) lawmaker said these mischaracterisations ignore the historical context, legal safeguards, and the unique constitutional status accorded to Sarawak upon the formation of Malaysia. 'Politicians — particularly those serving in the federal government — must uphold the third and fourth principles of the Rukun Negara: Keluhuran Perlembagaan (Supremacy of the Constitution) and Kedaulatan Undang-undang (Rule of Law). 'These principles require all Malaysians, especially leaders, to respect the constitutional framework that guarantees Sarawak's special status and legislative autonomy,' he said in a statement explaining the significance of the Borneo States (Legislative Powers) Order 1963 and Sarawak's Legislative Rights. Yap, who is a lawyer, urged those who remain uninformed to educate themselves on the Borneo States (Legislative Powers) Order 1963, the Malaysia Agreement 1963 (MA63), and the Federal Constitution. 'Sarawak is not merely one of the states in Malaysia, but an equal founding partner with its own distinct constitutional arrangements. 'Our State Legislative Assembly (Dewan Undangan Negeri Sarawak) retains wider powers under the State List, including in matters of natural resources, land, licensing, and oil and gas — areas which are not under the control of the federal legislature,' he explained. According to Yap, the Borneo States (Legislative Powers) Order 1963, enacted under the Malaysia Act 1963 by the British Government with the consent of Sarawak and Sabah, amended the Federal Constitution to expand the legislative competence of the Borneo States. 'This Order is a key constitutional instrument that grants Sarawak greater autonomy in law-making, particularly in relation to land, forests, mining, oil and gas, and the granting of licences related to these sectors. This means that Sarawak holds legislative authority over licensing for activities related to its own natural resources, including petroleum operations.' Additionally, he said Article 161 of the Federal Constitution provides further protection by preserving laws that were in force in Sarawak prior to Malaysia Day (Sept 16, 1963), including laws relating to land, natural resources, native customs, and religion. 'These pre-Malaysia Day laws remain valid unless and until repealed by the Sarawak Legislature – not by the federal Parliament. This ensures that Sarawak's legal traditions and safeguards, including those affecting oil and gas, continue to have constitutional force,' he added. Yap said the ongoing relevance of both the Borneo States Order and Article 161 cannot be overstated, a they serve as critical constitutional safeguards protecting Sarawak's sovereign rights, particularly in sectors vital to our economic development such as oil and gas. 'Any attempt to override Sarawak's licensing authority or regulatory powers in these areas runs contrary to the Constitution and the spirit of MA63,' he added. He concluded by calling on all Sarawakians to remain united and vigilant in defending their constitutional rights. 'We must reject any narrative or policy that diminishes our status or centralises control over resources that constitutionally belong to Sarawak.' Yap added that the federal government must honour MA63 not only in word but in action, and respect the legal instruments — including the Borneo States (Legislative Powers) Order 1963 and Article 161 — that define Sarawak's rightful place as an equal partner in the Malaysian Federation. constitutional position lead Wilfred Yap
Borneo Post
28-05-2025
- Business
- Borneo Post
Petronas seeks ad hoc legal representation to challenge RM7.95 mln Petros claim
The legal team has applied to the Kuching High Court for ad hoc licences to appear. – AFP photo KUCHING (May 28): Petroliam Nasional Berhad (Petronas) is sending two Peninsular-based lawyers to represent it in the Kuching High Court in an ongoing legal dispute with Sarawak Petroleum Berhad's (Petros) over a RM7.95 million Maybank Islamic bank guarantee. The legal team, comprising Cyrus Vimala Kumar Vincent Das and Khoo Guan Huat, has applied to the Kuching High Court for ad hoc licences to appear. Their respective petitions are scheduled to be heard tomorrow (May 29) at the Sibu High Court, according to reliable sources. The case will be mentioned before Judicial Commissioner Datuk Faridz Gohim Abdullah this Friday (May 30), when the court is expected to address Petronas' applications for adjournment and stay of proceedings. According to a May 14 letter sighted by The Borneo Post , the Malaysian Attorney-General's Chamber raised no objections to the lawyers' petitions, supporting Petronas' right to be represented by its preferred legal counsel. The AG Chambers also expressed the view that the lawyers' involvement would assist the court in ensuring a comprehensive and fair disposal of the case – an issue that has reportedly not been litigated before. Petros, the plaintiff, is seeking a court order for the return of Rm7.95 million, paid to Petronas under the bank guarantee. The sum, Petros contends, was compensation for gas allegedly supplied in contravention of the Distribution of Gas Ordinance 2016, as Petronas is not the licensed gas aggregator in Sarawak. Petros argued that under the Sarawak Gas Sales Agreement dated Dec 30, 2019, Petronas lacks the necessary licence to distribute or supply gas in Sarawak, thereby invalidating the transaction. On April 28 this year, Kuching High Court Judicial Commissioner Datuk Faridz Gohim Abdullah dismissed Petronas' earlier application to stay proceedings, clearing the way for the main hearing on June 11. 'Petronas' application for a stay of proceedings lacked exceptional and compelling grounds, and there were no special circumstances to justify delaying the hearing of Petros' case, which is ready to proceed,' he said. The judicial commissioner further ruled that granting the stay sought by Petronas – pending the 'full and final disposal of the KL proceedings initiated by Shell SDMS Sdn Bhd' – would hinder the timely resolution of the Petros matter. Local counsel Alex Ngu, representing Petronas, informed the court of the company's intention to appeal the ruling and requested a further stay of proceedings pending the outcome of the appeal to the Court of Appeal. Both Petros and the State Attorney General's Chambers opposed the request for a further stay. State Legal Counsel Dato Sri JC Fong, appearing for the Sarawak government, asked the court to fix a hearing date for the Petros case and advised Petronas to apply for an expedited appeal under Rule 22 of the Rules of the Court of Appeal 1994. lead legal dispute Petronas Petros
