Responding to the Federal Court’s decision declaring Section 9(5) of the Peaceful Assembly Act 2012 (PAA) unconstitutional, Amnesty International Malaysia’s interim executive director Vilasini Vijandran said: “We welcome today’s landmark ruling as a significant step in the right direction.
“It sets a powerful precedent for the protection of the constitutionally guaranteed right to peaceful assembly. Punishing individuals who wish to exercise their right to peaceful protest simply for failing to give police a five-day notice has always been a disproportionate and punitive restriction on civic freedom.
“For too long, Malaysian authorities have approached peaceful gatherings as threats, reinforced by harmful policies, narratives and policing practices that depict protests as a crime rather than a democratic right.
“Today’s decision marks a shift away from that legacy. This ruling must now spark a broader change in how peaceful assemblies are treated in Malaysia,” she said.
“We urge the government to conduct a full and transparent review of the entire Peaceful Assembly Act, not just Section 9(5), and bring all its provisions in line with international human rights law and standards. The act in its current form still poses significant barriers to freedom of expression and must be reformed in full,” she added.
“Crucially, the government must stop relying on other repressive laws to fill the gap. Even as Section 9(5) of the PAA is declared null and void by the Federal Court, we remain acutely aware that authorities can continue weaponising the Sedition Act, Penal Code and other repressive laws to investigate and harass protesters.
“If the ‘Madani’ [civil and trustworthy] government is truly committed to protecting peaceful assembly, it must dismantle the wider legal framework used to silence dissent and bring all laws in line with constitutional protections and international human rights standards,” she said.
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Background
On 1 July, the Federal Court ruled that Section 9(5) of the PAA is unconstitutional. The decision was delivered in a constitutional challenge brought by activist Amir Hadi, who was charged under Section 9(5) for failing to provide notification to the police ahead of a protest organised in August 2022.
The provision criminalised acts of organisers of peaceful assemblies who failed to notify police five days in advance, even if the assembly remained peaceful.
The court ruled that such punishment was disproportionate and infringed on the right to peaceful assembly guaranteed under Article 10 of the Federal Constitution.
This ruling follows years of criticism from civil society and human rights organisations, which have called for the repeal of Section 9(5) and other restrictive provisions in the act.
Amnesty International Malaysia has long urged the government to engage meaningfully with civil society to ensure that the PAA and other repressive laws are brought in line with international human rights standards. – Amnesty
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
