Yong Yit Jee
KOTA KINABALU (July 9): The Sabah Film and Visual Association (SAFVA) welcomes the Sabah State Government’s initiative through Borneo.TV 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 Borneo.TV operates in a fair, transparent, and legally compliant manner,” said SAFVA legal advisor Yong Yit Jee.
“Borneo.TV 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.
“Borneo.TV 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 Borneo.TV 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 Borneo.TV 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 Borneo.TV 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.
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