Ruling on Peaceful Assembly Act must spark broader change

AMNESTY International Malaysia welcomes the Federal Court’s decision on Tuesday declaring Section 9(5) of the Peaceful Assembly Act unconstitutional as a significant step in the right direction. It sets a powerful precedent for the protection of the constitutionally guaranteed right to peaceful assembly.

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 Consti-tution.

Malaysian authorities have long approached peaceful gatherings as threats, reinforced by harmful policies, narratives and policing practices that depict protests as a crime rather than a democratic right. This decision marks a shift away from that legacy. This ruling must now spark a broader change in how peaceful assemblies are treated in Malaysia.

We urge the government to conduct a full and transparent review of the entire Peaceful Assembly Act (PAA), 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.

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 unity 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.

VILASINI VIJANDRAN

Interim executive director

Amnesty International Malaysia