High Court has to clarify if Film Censorship Act violates freedom of expression, says magistrate

A magistrate today allowed an application by a community communication centre programme coordinator who is charged with screening an uncensored film to refer constitutional questions relating to a provision in the Film Censorship Act to the High Court.

Magistrate Ashraf Reezal Abdul Manan said the questions posed by Lena Rasathi Hendry required interpretation of the Federal Constitution, especially Article 10.

"The magistrate's court is not the proper forum to answer the questions posed," he said.

Rasathi was charged in the magistrate's court on September 19 last year with screening the film ‘No Fire Zone: The Killing Fields of Sri Lanka’ at the Kuala Lumpur and Selangor Chinese Chamber of Commerce Hall in Jalan Maharajalela, Kuala Lumpur, at 9pm on July 3, 2013, without the approval of the Film Censorship Board.

She filed a motion to the High Court to strike out the charge on grounds that it violated Articles 10 and 8 of the Federal Constitution.

However, High Court judge Kamardin Hashim dismissed her application in April, stating that the restriction imposed by the Film Censorship Board was not in violation of Article 10.

Kamardin also ordered the case to proceed in the magistrate's court.

Rasathi the filed a second application to refer the constitutional questions to the High Court. –November 21, 2014