The Kuala Lumpur High Court has overturned a Sessions Court decision not to refer constitutional matters in a Communications and Multimedia Act 1998 (CMA) case to the High Court.

Justice Mohd Sofian Abd Razak said the sessions judge had erred in disallowing the referral and set Jan 4 next year to hear the merits of the application.

If the application is allowed, the accused, Subang MP Sivarasa Rasiah, would be allowed to challenge the constitutionality of Section 233 of the CMA at the Federal Court, on grounds that it is too broad and contravenes Article 10 of the Federal Constitution, which guarantees freedom of expression...