Astro wins RM75,000 in first-ever statutory damages for copyright breach

The High Court of Malaya ordered, Brew Nation (M) Sdn. Bhd. to pay RM75,000 for illegally streaming Astro’s premium content without authorisation. This is the first-time statutory damages were awarded to Astro under Section 37 of the Copyright Act 1987.

Unlike compensatory damages, which require proof of actual losses, statutory damages emphasise the importance of deterrence and accountability. In addition, the court also awarded RM5,000 in legal costs to Astro.

The infringements occurred on August 12, 2023, at Brew Nation’s pub in Bandar Rimbayu, Selangor, where the business streamed exclusive live sports content, including football matches, to attract customers.

The judgment, dated November 6, 2024, also holds Brew Nation’s directors personally accountable for compliance, imposing a permanent injunction to prevent further violations.

Astro sees this as a strong deterrent that reinforces that businesses must respect copyright laws or face significant consequences.

Lauding the court’s precedent-setting verdict, Astro Chief of Sales and Marketing, Tai Kam Leong said: “This judgement underscores the Court’s recognition of the need to protect intellectual property and deter future violations. It sends a clear message to businesses that copyright infringement carries serious repercussion. As a major investor in premium programming and exclusive sports coverage, Astro sees this victory as part of its broader commitment to standing up for the creators, talents, and innovation that drive the industry forward.”

Separately, the company also secured another victory with the RM15,000 settlement of a copyright infringement case against an illegal streaming device seller, Yap Kim Hon, trading as YKH Digital Enterprise. The defendant had been selling and distributing Astro’s copyrighted works without authorisation, violating Section 13, 36 and 37 of the Copyright Act 1987. As part of the settlement, Yap agreed to cease all infringing activities and refrain from enabling others to violate Astro’s copyright.

For the record, in November 2022, the High Court doled out a landmark ruling, declaring that it is illegal for commercial premises to show content to the public from unauthorised sources, including Astro broadcasts without the appropriate commercial license.

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