The case of Lena Hendry who was charged under Act 6 of the Censorship Law 2002 came to hearing yesterday in Kuala Lumpur High Court for the decision of the reference made by the Magistrate Court relating to several constitutional issues pertaining to section 6 of the Film Censorship Act 2002. Joshua Tay appeared for Lena Hendry while Tuan Nik Suhaimi bin Ibrahim appeared for the Respondent Public Prosecutor.
The decision today was delivered in chambers where the Judge held that the Applicant has satisfied the three requirements necessary in a reference application therefore ordered the following questions to be referred to the Federal Court for determination:
i) 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 bin Nik Ahmad v Public Prosecutor [2014] 4 MLJ 157
ii) Whether section 6(2)(a) of the Film Censorship Act 2002, 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.
iii) Whether section 6(2)(a) of the Film Censorship Act 2002, 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.
We will let you know on the progress of this case and the mention/case management date once we receive directions from the Federal Court.
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