The case of Lena Hendry, a human rights activist charged under the Film Censorship Act 2002, will be referred to the Federal Court for it to decide on three constitutional matters.

The decision was made by Kuala Lumpur High Court judge Justice Siti Mariah Ahmad on Tuesday, said Komas in a press release.

Previously, it was reported that Lena claimed trial at the magistrate's court in September 2013 to the charge of showing the documentary 'No Fire Zone: The Killing Fields of Sri Lanka'.

She had allegedly done so without obtaining approval from the National Film Censorship Board.

She stands to face a fine of between RM5,000 and RM30,000 or a maximum jail term of three years if convicted for the offence under Section 6(1) (b) of the Film Censorship Act 2002.

Lawyer Joshua Tay who appeared for Hendry, when contacted, confirmed the decision made by Siti Mariah.

Hendry is a programme coordinator with Pusat Komas, a civil society organisation which employs creative media to promote human rights causes in Malaysia.

Freedom of speech

The three questions to be referred to the Federal Court are:

Whether Section 6(2)(a) of the Film Censorship Act 2002, read together with section 6(1)(b) of the Act, which imposes a criminal sanction on freedom of speech and expression under Article 10 of the Federal Constitution is in violation of Article 10 read together with Article 8 of the Federal Constitution following the Court of Appeal decision in Nik Nazmi Nik Ahmad vs Public Prosecutor;

Whether Section 6(2)(a) of the Act, read together with section 6(1)(b) of the Act, which is a strict liability offence, amounts to a total prohibition on the freedom of speech and expression under Article 10 of the Federal Constitution;

Whether Section 6(2)(a) of the Act, read together with section 6(1)(b) of the Act, which is a strict liability offence, renders the freedom of speech and expression under Article 10 of the Federal Constitution illusory and ineffective.

DPP Nik Suhaimi Ibrahim appeared for the prosecution.

'No Fire Zone: The Killing Fields of Sri Lanka' was screened during Komas's popular Freedom Film Fest last year. The event is held annually.