Latest news with #PeacefulAssemblyAct2012
New Straits Times
5 hours ago
- Politics
- New Straits Times
Bersih, Suaram want rally law amendments expedited
KUALA LUMPUR: Civil society non-governmental organisations Coalition for Clean and Fair Elections (Bersih) and Suara Rakyat Malaysia (Suaram) have called on the government to expedite amendments to the Peaceful Assembly Act 2012. Bersih chairperson Muhammad Faisal Abdul Aziz said the Federal Court's declaration that it is unconstitutional to criminalise failure to give notice to the authorities would open up Malaysia's democratic space. "It's a commendable decision by the court, given the provision is punitive and exceeds the fundamental liberties as enshrined in our Constitution. "We agree that every action, including peaceful rallies, needs to be regulated, but it must be proportionate. "Bersih urges the government to expedite the amendment of the act to give more space for the people to hold peaceful rallies." Suaram executive director Azura Nasron called on the government to fully repeal Section 9(5) of the act in the Parliament session in October. Azura added: "We urge the police to incorporate clear, rights-based guidelines on facilitating peaceful assemblies into its human rights training module developed jointly with the Human Rights Commission of Malaysia (Suha-kam)." She said Section 9(5) of the act was consistently used as a tool of intimidation against assembly organisers, especially human rights defenders. Suaram was investigated 13 times over the notice requirement in Section 9(1) from 2020 to 2024, but was never charged. On Tuesday, the Federal Court declared it unconstitutional to criminalise the failure to notify police five days before a peaceful assembly. In delivering the unanimous decision by a five-member bench, Chief Justice Tun Tengku Maimun Tuan Mat said Section 9(5) of the act imposes a penalty that goes beyond what is allowed under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly and association.
Focus Malaysia
18 hours ago
- Politics
- Focus Malaysia
Tengku Maimun's precious farewell gift to Malaysians: Landmark ruling on the right to dissent
Editor's Note: Rightly condensed by Boo Su-Lyn who is the editor-in-chief of CodeBlue, a website which seeks to promote healthcare as a human right: 'On her last day, Chief Justice (now former) Tun Tengku Maimun Tuan Mat defends our constitutional right to freedom of assembly. The government can no longer require five-day notice to hold peaceful rallies as that has been ruled by the Federal Court to be unconstitutional.' On her last day, Chief Justice Tengku Maimun defends our constitutional right to freedom of assembly. The government can no longer require 5-day notice to hold peaceful rallies, as that has been ruled by the Federal Court to be — Boo Su-Lyn (@boosulyn) July 1, 2025 THE Federal Court had on yesterday (July 1) delivered one of the most important rulings on peaceful assembly in Malaysia. The Peaceful Assembly Act 2012 (PAA) came into force on April 24, 2012 which was just four days before one of the most historic rallies in the country – BERSIH 3.0. The PAA was intended to replace Section 27 of the Police Act and was meant to promote and facilitate peaceful assemblies. However, over the years, it has been used as a tool to criminalise peaceful protesters. Politicians, activists, students, members of the public and many others have been charged under this Act. I have always argued that there's no need for the 10-day advance notification requirement (prior to the amendment) under Section 9(5). This is because enforcement authorities are usually already aware when a rally is being organised. In many cases, no approval is granted even when organisers have complied with all conditions. Often, after submitting a notice, the rally would be declared 'illegal'. Participants of BERSIH 4 rally in September 2015 (Inage credit: Singapore Straits Times ) Precious gift Today's landmark decision is not just any ruling. It marks progress towards one of BERSIH's key demands under BERSIH 4 and 5: the right to dissent. As a former leader of the movement, I applaud the Federal Court's decision. The irony is that this demand was finally achieved through legal reform via the courts. Let us now celebrate what is enshrined in our Federal Constitution which under Article 10(1)(b) guarantees that 'all citizens have the right to assemble peaceably and without arms.' Kudos to all of you who have participated in peaceful gatherings or supported this journey over the years. ' Hak berhimpun, hak anak setiap bangsa (The right to assemble is the rights of every Malaysian).' – July 2, 2025 Mandeep Singh was one of the longest-serving staff at the Coalition for Clean and Fair Elections (BERSIH). He was a key driver of the BERSIH Secretariat during a critical period in the movement's history, especially in the run-up to the BERSIH 3, 4 and 5 rallies. Mandeep Singh (Image credit: Malaysiakini ) During this period, the Hulu Selangor-born political activist was subject to over 30 interrogations, three death threats and five detentions for his involvement in BERSIH. The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
New Straits Times
19 hours ago
- Politics
- New Straits Times
Pas backs review of Peaceful Assembly Act
KUALA LUMPUR: Pas has expressed support for a review of the Peaceful Assembly Act 2012, following the Federal Court's declaration that Section 9(5) of the act is unconstitutional. Secretary-general Datuk Seri Takiyuddin Hassan said that the act must align with the apex court's decision and reflect the spirit of the constitution and human rights. Section 9(5) of the act imposed a criminal penalty on organisers of public assemblies who failed to give police at least five days' notice before holding a gathering. () He also called for broader legal reform, including the repeal of other laws that he said could be used to stifle dissent. These include the Sedition Act 1948, the Communications and Multimedia Act 1998, and the Printing Presses and Publications Act 1984, which he described as draconian provisions that must be reconsidered. Takiyuddin said that such legal reforms are consistent with promises made by Pakatan Harapan in the 15th General Election. He said that the Federal Court ruling was in line with the principles enshrined in Article 10 of the constitution, which guarantees the right of every citizen to speak, assemble and associate peacefully and without arms. Yesterday, Home Minister Datuk Seri Saifuddin Nasution Ismail said that Prime Minister Datuk Seri Anwar Ibrahim had announced cabinet's decision to implement a moratorium on any prosecution under Section 9(5). Saifuddin added that amendments to Section 11 of the act will be tabled in the next parliamentary sitting , which begins this month. The section requires organisers of peaceful assemblies to seek the consent of venue owners before such gatherings can take place.
Daily Express
a day ago
- Politics
- Daily Express
PAS urges government to review Peaceful Assembly Act
Published on: Wednesday, July 02, 2025 Published on: Wed, Jul 02, 2025 By: FMT Reporters Text Size: Protesters making their way to Dataran Merdeka from the Sogo shopping complex during an anti-corruption rally in Kuala Lumpur on Jan 25. PETALING JAYA: PAS has called on the government to review the Peaceful Assembly Act 2012 after the Federal Court's ruling yesterday that it is unconstitutional to criminalise the failure to notify the police five days in advance of holding a peaceful assembly. In a statement, PAS secretary-general Takiyuddin Hassan said the ruling by a five-member Federal Court panel chaired by outgoing Chief Justice Tengku Maimun Tuan Mat would give Malaysians more confidence that their voices can be heard without the threat of prosecution. 'PAS also believes that this decision will further strengthen public confidence in the freedom of expression and assembly as key hallmarks of a mature and civilised democratic nation,' said Takiyuddin. 'PAS urges the government to comprehensively review the Peaceful Assembly Act so that it truly reflects the spirit of the Federal Constitution and the universal principles of human rights, especially in light of this historic decision.' Takiyuddin also urged the government to review or abolish legal provisions that could be misused to suppress freedom of expression, including the Sedition Act 1948, the Communications and Multimedia Act 1998, and the Printing Presses and Publications Act 1984. The Kota Bharu MP said this was consistent with Pakatan Harapan's election promises outlined in its 15th general election manifesto. Yesterday, Tengku Maimun said Section 9(5) of the Peaceful Assembly Act imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly, and association. Tengku Maimun, who delivered the unanimous decision of the five-member Federal Court panel, also said the section was 'a disproportionate intervention'. The decision stemmed from a constitutional challenge brought by former Muda secretary-general Amir Hadi, who was charged in 2022 with failing to give the police five days' notice before organising a protest outside the Sogo shopping complex in Kuala Lumpur. Home minister Saifuddin Nasution Ismail said the government would table an amendment to Section 11 of the Peaceful Assembly Act in the upcoming parliamentary sitting following the Federal Court's ruling. Section 11 of the Peaceful Assembly Act requires organisers of assemblies to obtain the consent of the location's owner or occupier. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Daily Express
a day ago
- Politics
- Daily Express
Lawyer moots designated areas for peaceful assemblies
Published on: Wednesday, July 02, 2025 Published on: Wed, Jul 02, 2025 By: FMT Reporters Text Size: Lawyer Andrew Khoo said peaceful assemblies should be allowed and that the police should facilitate them as required by law. PETALING JAYA: A lawyer has proposed that the government designate areas for peaceful assemblies nationwide, following the Federal Court's decision yesterday that the penalty for failing to notify the police of proposed rallies is unconstitutional. Andrew Khoo, a former co-chair of the Bar Council's constitutional law committee, said the decision of the apex court affirmed the freedom to peacefully assemble. 'After 13 years of the coming into force of the Peaceful Assembly Act 2012, it is well past due for the state and federal governments to designate convenient and easily accessible places in every town and city in the country to hold peaceful assemblies,' he said in a statement. Khoo added that the proposed 'maidan' or public squares should be places where the voice of the people is heard, not feared. 'Maidan' is a term of Persian origin referring to designated open spaces where the public can gather and exercise their right to assemble. Khoo said peaceful assemblies should be allowed, and that the police should facilitate them as required by law. 'The proper legal recourse lies in the Penal Code for any violation of peace and order by the organisers or participants of the assembly,' he said. The Federal Court had unanimously ruled that it is unconstitutional to criminalise the failure to notify the police five days in advance of holding a peaceful assembly. Outgoing Chief Justice Tengku Maimun Tuan Mat, delivering the decision of a five-member panel, said Section 9(5) of the Peaceful Assembly Act 2012 imposes a punishment that exceeds the limits permitted under Article 10(1)(b) of the Federal Constitution. Article 10(1)(b) guarantees the freedom of speech, assembly, and association. She said the section was 'a disproportionate intervention' and amounted to a prohibition rather than a restriction of that right. The decision stemmed from a constitutional challenge brought by former Muda secretary-general Amir Hadi, who was charged in 2022 with failing to give the police five days' notice before organising a protest outside the Sogo shopping complex in Kuala Lumpur. Home minister Saifuddin Nasution Ismail said yesterday that his ministry would examine the Federal Court's ruling. The ministry is expected to table an amendment to Section 11 of the Act, which requires organisers of assemblies to obtain the consent of the location's owner or occupier, at the next parliamentary sitting. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
