Kota Kinabalu: Sabah Film and Visual Association (Safva) has called for a constructive dialogue between the Sabah Maju Jaya (SMJ) Secretariat, IB Media Consultant Works Sdn Bhd and local creative stakeholders to ensure Borneo.TV operates in a legally compliant and equitable manner.
Safva said it supports the State government’s effort to promote local talent through Borneo.TV, describing it as “a commendable initiative to elevate Sabah’s creative industry.”
However, Safva’s legal advisor Yong Yit Jee said several potential legal concerns must be addressed for the platform to function transparently and lawfully.
window.googletag = window.googletag || {cmd: []};googletag.cmd.push(function() {googletag.defineSlot('/22826383987/dailyexpress_inline', [1, 1], 'gpt-passback').addService(googletag.pubads());googletag.enableServices();googletag.display('gpt-passback');});He claimed there needs to be clarity on whether income generated from Sabah content on Borneo.TV is contributing to the state’s tax revenue, especially as the platform is owned by a peninsula-based company.
“Any income derived from local productions should contribute to Sabah’s tax revenue as it directly pertains to the State’s economic growth,” Yong said in a statement.
He also raised concerns over the handling of intellectual property and royalties for local creators, stressing that “transparency in the contractual agreements between the SMJ Secretariat and IB Media is vital”.
“It is crucial to ensure that Sabah’s artists will receive appropriate royalties and that their intellectual property rights are protected,” he said.
Safva urged the State to ensure that IB Media holds the proper broadcasting licences from regulators like the Malaysian Communications and Multimedia Commission (MCMC).
“Without the proper legal authorisations, the platform could be operating in violation of Malaysian laws,” Yong said, warning of potential legal liability for all parties involved.
The association also questioned whether Borneo.TV has adequate compliance with the Personal Data Protection Act (PDPA), as the platform may collect data from creators and viewers.
“Any breach of privacy regulations could result in severe legal consequences for the platform and its stakeholders,” Yong said.
Safva further urged the government to ensure that the platform has clear terms of service and content guidelines to reduce liability linked to user-generated content.
In addition, Yong said Borneo.TV must uphold the principle of Free, Prior, and Informed Consent (FPIC) when featuring indigenous cultural content.
“Failure to consult with indigenous communities could lead to legal action if cultural elements are used without consent,” he said.
Safva called for the public disclosure of the agreement between the SMJ Secretariat and IB Media, stating that “transparency is essential to safeguard the interests of local creatives”.
Yong said the association is ready to collaborate with the State Government and relevant parties to help build a platform that is both legally sound and beneficial to Sabah’s creative ecosystem.
