Kuala Lumpur Cyber Court has fixed Oct 11 to decide whether to grant a stay for the trial of activist Fahmi Reza, who was charged for an image allegedly ridiculing the prime minister.

This is after the court was told that the defence is challenging the constitutionality of the charge - under Section 233 of the Communications and Multimedia Act (CMA) - at the High Court in Kuala Lumpur on Aug 17.

The Cyber Court, presided by Zaman Mohd Noor, was also notified by defence counsel Syahredzan Johan that the defence applied for a stay of proceedings last Tuesday.

As a result, the trial originally set to be heard today with PKR lawmaker Nurul Izzah Anwar testifying in court, has been adjourned to another date.

This is the first high-profile case heard by the newly established Cyber Court, officially launched by Minister in the Prime Minister's Department Azalina Othman Said last Friday.

The court was reportedly established to tackle the rising number of cyber offences.

Fahmi was originally charged at the Sessions Court in Ipoh for caricaturing Prime Minister Najib Abdul Razak as a clown on June 6. His case was later transferred to the Cyber Court.

If convicted under Section 233, Fahmi can be fined up to RM50,000 or jailed up to a year or both.

He has since applied in the High Court to have his charge struck out on the grounds that his freedom of expression enshrined under Federal Constitution had been infringed.

"The charge against me is flawed because it doesn't say who was offended by the graphic poster," he wrote on his Facebook on Aug 17.

The image was a caricature of a clown-faced Najib, which went viral on the social media after he first posted it on Jan 31.

Also appearing in court today was deputy public prosecutor Amira Sariaty Zainal.