KUALA LUMPUR, March 10 - A human rights activist charged with screening an unapproved war documentary will soon get her day in court when her challenge to the constitutionality of the Film Censorship Act is heard before the Federal Court. The activist, Lena Hendry, was given the green light by the High Court today to take her case up with the apex court, after the former ruled that the challenge must be disposed off before her charge under the same Act can proceed. "Case referred to the Federal Court to determine the constitutional issues that were raised pertaining to the Film Censorship Act," Lena's lawyer Joshua Tay told Malay Mail Online. "The High Court referred it to the Federal Court as it opined that the decision of the Federal Court in relation to those questions is necessary for the determination of the prosecution against Lena Hendry," he added. Lena is challenging Section 6 of the FCA which prohibits individuals from exhibiting a film not approved by the Film Censorship Board, claiming the provision violates Article 10 of the Federal Constitution on freedom of speech and expression. Under Section 6, individuals found guilty of airing unapproved films can be fined up to RM30,000 or jailed for no more than three years, or both. The Pusat Komas programme coordinator was charged in September 2013 under the FCA with screening the documentary "No Fire Zone: The Killing Fields of Sri Lanka" on July 3, 2013, at the Kuala Lumpur Selangor Chinese Assembly Hall here without approval from the Film Censorship Board. But Lena subsequently applied to challenge the law on the point of constitutionality and was allowed by the Magistrate's Court last November to raise her case at the High Court. Tay said today that should the Federal Court declare Section 6 of the FCA unconstitutional, the charge against Lena would be deemed as void. The lawyer also said that Section 6 is "absurd" as it can criminalise any video not approved by the censorship board, whether or not the content of the film has a negative effect on the public. "This simply means, even the possession, display, circulation, exhibition, distribution of innocent cartoons, wedding or family function videos or even a normal video recorded from your smartphones are caught under Section 6, if there is no approval from the Board," he said. International human rights group Human Rights Watch said in October 2013 that the charges against Lena appeared to be politically motivated. According to the group, the Sri Lanka embassy had urged Malaysia's Foreign Ministry and the Film Censorship Board to stop the screening of the award-winning documentary on alleged war crimes by the Sri Lankan government during the end of the Sri Lankan civil war in 2009. "The documentary shows government artillery attacks that killed children, women, and the elderly and extrajudicial executions of captured fighters and civilians by government forces," said Human Rights Watch. UPDATES: Amnesty International welcomes yesterday's judgment by the Kuala Lumpur Magistrate's Court acquitting Lena Hendry on criminal charges for screening a film on human rights violations in Sri Lanka. It is shameful that the Malaysian authorities charged her in the first place. This case highlights the shrinking space for human rights defenders carrying out their legitimate human rights work. Lena Hendry, a woman human rights defender, was charged in 2013 under Section 6 of the Film Censorship Act 2002 for screening a film on alleged war crimes and crimes against humanity committed by both the Sri Lankan government forces and the Liberation Tigers of Tamil Eelam (LTTE) at the end of the armed conflict in 2009 entitled "No Fire Zone: the Killing Fields of Sri Lanka.' Lena Hendry was the first human rights defender to have been charged under this law which criminalises the act of possessing or exhibiting films not approved by the Film Censorship Board of Malaysia. Lena Hendry faced up to three years imprisonment, a fine not exceeding RM30,000 (US$7,300) or both. The magistrate found that the prosecution had failed to prove its case against her. However, the authorities can still appeal this decision. Amnesty International believes that the arrest and detention of Lena Hendry in 2013 - together with her colleagues from her organisation Komas - and her eventual charges were politically motivated and a blatant abuse of the legal process. It also contravenes Malaysia's international obligations and commitments to uphold the right to freedom of expression. The organisation also believes that the long, drawn-out trial of Lena Hendry that began in September 2013 is part of a wider pattern of intimidation, harassment and criminalisation of human rights defenders in Malaysia and runs contrary to the government's recent vote in favour of a UN General Assembly resolution in November 2015 which recognises the important role of human rights defenders globally. Further, Amnesty International is concerned about the wide, arbitrary powers granted to the Film Censorship Board by Section 6 of the Film Censorship Act 2002 and the heavy, disproportionate punishment that is levied by this act. The organisation urges the Malaysian authorities to immediately repeal or amend all other laws, including the Film Censorship Act, which restricts the right to freedom of expression and to ensure that they are in strict compliance with international human rights law and standards. UPDATE: 22 September 2016 The Malaysian authorities should end their relentless prosecution of rights activist Lena Hendry for her role in showing a documentary film without censorship board approval, Human Rights Watch said today. On September 21, 2016, the High Court reversed Hendry's acquittal and ordered a resumption of the case after the government appealed. Hendry, a staff member of the human rights group Pusat KOMAS, was charged under Malaysia's Film Censorship Act for organizing a private screening of the award-winning human rights documentary, "No Fire Zone: The Killing Fields of Sri Lanka," on July 3, 2013, in Kuala Lumpur. A magistrate acquitted her of the charge in March, finding that the government had failed to make a basic case showing her guilt. "Prosecuting Lena Hendry for the private showing of an award-winning film is all part of the Malaysia government's intensified intimidation, harassment, and criminalization of human rights defenders," said Phil Robertson, deputy Asia director at Human Rights Watch. "The government should end Hendry's three-year ordeal by dropping the charges and then promptly amending the Film Censorship Act so no other activists face prison just for showing a movie." The authorities are prosecuting Hendry under section 6 of Malaysia's Film Censorship Act, which prohibits the "circulation, distribution, display, production, sale, hire" or "possession" of any film, whether imported or domestically produced, without first obtaining approval from the government-appointed Board of Censors. The law defines "film" very broadly, and could potentially be applied to home videos or videos taken on a smartphone. If convicted, Hendry faces up to three years in prison and a fine of up to RM30,000 (US$7,000). Malaysia's highest court rejected a constitutional challenge to the law in September 2015. The prosecution of Hendry violates the right to freedom of expression under international human rights law, Human Rights Watch said. Bringing criminal penalties for possessing or privately showing a film without government approval imposes a disproportionate burden on a fundamental right. It also runs contrary to the government's November 2015 vote in favor of a United Nations General Assembly resolution that recognizes the important role played globally by human rights defenders. The prosecution appears intended to restrict the activities of KOMAS by hindering its efforts to provide information and share perspectives on human rights issues. "No Fire Zone" tells the story of war crimes committed in the last months of Sri Lanka's civil war in 2009, including Sri Lankan army shelling that indiscriminately killed thousands of civilians and the extrajudicial executions of captured fighters and supporters of the secessionist Liberation Tigers of Tamil Eelam. "The Film Censorship Act is a law from the pre-internet age that government officials can easily abuse and should immediately be scrapped," Robertson said. "The real rationale behind its sweeping powers is to permit the government to arbitrarily suppress films it doesn't want Malaysians to see, and to prosecute anyone who dares show them."