Suing concert protestors an uphill task for association, says lawyer

 

A Coldplay concert played to a sell-out 75,000-strong crowd last November despite calls by a PAS leader for its cancellation. (Facebook pic)

PETALING JAYA: An association may not have legal standing to bring a tortious claim against those who protest events and attempt to disrupt concerts, a lawyer said.

Guok Ngek Seong said event management companies are in a better position to haul such irresponsible parties to court.

“It will be an uphill task for an association to bring a cause of action unless it is an aggrieved party. They could be seen as mere busybodies,” he told FMT.

Guok was commenting after the Association of Live Event Organisers warned it will pursue legal action against political and religious groups that call for concerts to be cancelled on grounds that performers portray themselves in a purportedly sinful manner or support allegedly undesirable communities.

The group’s president, Rizal Kamal, said it would adopt a proactive approach by taking legal action against “baseless claims and discriminatory acts”.

Rizal said the association would not want to allow certain groups to boost their individual or political standing to the extent of derailing Malaysia’s efforts to be more competitive in the region.

Guok said an event management company with a signed contract to bring popular singers or music groups to perform in Malaysia may be in a better position.

He said they would also have obtained approval for the performance from local authorities and government agencies.

“In such a scenario, the potential plaintiff could file a suit, more so if tickets have been sold to the public. Then it is a case of economic loss,” he added.

Meanwhile, a senior lawyer who spoke on condition of anonymity said the association cannot sue because individuals or groups are bound to have differing opinions about “foreign flavoured” concerts being held here.

“What loss will they suffer just because citizens want to express themselves (by protesting)? The cause of action is too remote,” said the lawyer.

Meanwhile, constitutional lawyer A Surendra Ananth noted that the freedoms of speech and assembly is a guaranteed right under Article 10 of the Federal Constitution but are subject to limitations.

“One can gather peacefully as provided under the Peaceful Assembly Act,” he said.

Calls have been routinely made for the cancellations of acts such as Blackpink, Billie Eilish, Coldplay and Ed Sheeran in Malaysia.

Last year, a PAS leader urged the government to cancel British rock band Coldplay’s concert here. The band eventually played to a sell-out 75,000-strong crowd last November. - FMT