Measat filed a suit against Loh Chen Huat and Loo Yoong Haw last year, seeking a declaration that they screened its content sometime in October 2023 to restaurant customers through “TV boxes” and/or pirate sites.

Both owners denied Measat’s claim that they aired the content, alleging that there was no proof of revenue generated from the purported infringement.

Judicial commissioner Edwin Paramjothy Michael Muniandy held them liable for infringing Measat’s content under Section 13(1)(aa) of the Copyright Act for airing the content to customers without licence or authorisation.

“It is undisputed that the defendants (owners) did not at any material time hold any subscription, licence, or authorisation from the plaintiff to show, play, or stream their copyrighted works at the restaurant.

“The defendants’ assertion that their business operations do not require such a licence or subscription is, with respect, untenable.

“The requirement of a licence or authorisation is not a function of the defendants’ subjective view of their business needs. Rather, it is a legal requirement imposed by the law,” he said.

The court also said the owners’ defence amounted to a bare denial.

“They have not offered any explanation as to what was being displayed on the screens at their premises if it was not the plaintiff’s copyrighted works,” Edwin said.

The court ordered the owners to pay a total of RM125,000 in statutory damages and issued an injunction against them and their representatives from further airing Measat’s content.

Edwin added that the quantum adequately reflected the seriousness of the infringement while remaining proportionate to the nature and extent of the infringed conduct.