KUALA LUMPUR – Public Performance Malaysia (PPM) has filed a lawsuit against Persatuan Karyawan Malaysia (Karyawan) and its Chairman Datuk Freddie Fernandez for allegedly making defamatory statements against the music licensing body.
In a statement today, PPM said it had served the two parties with a Statement of Claim on January 12.
“It is extremely disappointing that Karyawan and Freddie Fernandez have repeatedly and deliberately made and caused the publishing of a series of wrongful facts, articles and or statements, knowing such statements to be untrue and likely to tarnish PPM’s reputation as an authorized Licensing Body for its recording company members.
"It is regrettable that despite PPM’s efforts to set the record straight through counter-press statements, Freddie and Karyawan have persisted in defaming PPM, leaving us with no choice but to commence legal proceedings for defamation,” PPM chairman Rosmin Hashim said
“The defamatory statements could not have come at a worse time, as the local music industry, together with the nation, struggles to overcome the short and long term effects of the pandemic on all sectors of the economy and which have adversely affected the livelihoods of many music-industry practitioners including composers, lyricists, singers, musicians and record labels.”
In late November last year, the Malaysian Anti-Corruption Commission (MACC) launched an investigation into the alleged misappropriation of funds from music royalties received by industry players in the country.
The allegations were made against royalty collectors who purportedly failed to pay the respective artistes and song composers.
The MACC raided the offices of PPM, Music Authors Copyright Protection Berhad (MACP), Recording Performers Malaysia Berhad (RPM), and Performers Rights and Interest Society of Malaysia Berhad (PRISM), among other bodies, after Fernandez urged the MACC to intervene in a dispute over some RM30 million in unpaid music royalties.
PPM said previously, it had issued several press statements on October 13 and November 10, 2020 to "correct the wrongful statements" made by Freddie Fernandez on October 3, 6, and 26, 2020 that were published in several print, online, and social media platforms.
It also alleged that Karyawan via its chairman continued to make and publish defamatory statements in the media.
The licensing body said it issued a Letter of Demand to both Karyawan and Freddie Fernandez on November 12, calling for a public apology, retraction of the defamatory statements, and to cease making further wrongful and defamatory statements against PPM.
However, it said both Karyawan and Freddie Fernandez have refused to do so.
“Karyawan and Freddie’s statements have caused a disruption to our licensing activities making it more difficult for us to collect license fees for our members,” Rosmin said.
Apart from filing the civil suit, PPM has also lodged a police report against Karyawan and Freddie Fernandez for criminal defamation and lodged a complaint with the Malaysian Communications and Multimedia Commission (MCMC) for "knowingly misusing the internet to create and transmit false comments and communication with the intent to harass PPM." – The Vibes, February 10, 2021