The constitutionality of Malaysia's restrictive press laws could be tested this week.
The Government is prosecuting the head of a women's organisation for false reporting over an article on conditions in detention camps for illegal immigrants.
The High Court will decide on Wednesday whether to allow the case against Irene Fernandez, 49, to be transferred to its jurisdiction from the magistrate's court.
Fernandez is director of Tenaganita - a combination of the Malay words tenaga (power) and wanita (women) - and wants the case heard in the High Court.
Fernandez, who pleaded not guilty, was charged under section 8A (1) of the Printing Presses and Publications Act, which reads: 'Where in any publication there is maliciously published any news, the printer, editor and the writer thereof shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years or a fine not exceeding M$20,000 [HK$60,000].' In an affidavit supporting her case, she said the important issues involved needed careful scrutiny.
She believed that the preliminary issue on whether the relevant section of the act was constitutional would be raised during the hearing.
'I believe that points of constitutional law will be best adjudicated by the High Court,' she said.
