Malaysia has taken a significant step towards a freer, more just society, with a federal court decision that strengthens the right to protest and to peaceful assembly.
The court found Section 9(5) of the Peaceful Assembly Act 2012 unconstitutional and invalid, representing ‘a disproportionate intervention’ that served to prohibit rather than protect people’s rights.
With the annulment of this section of the Act, Malaysian authorities are now compelled to guarantee people’s right to gather peacefully, and to support their right speak out on issues that matter to them.
The court considered authorities’ persistent demands for protest organisers to give police 5 days’ notice for public gatherings, and decided such requirements were unconstitutional.
Not informing police about public protest is not a crime.
It hasn’t been any easy road for free speech and civil society advocates in Malaysia. The Court of Appeals has flip-flopped on this key issue. In 2014, it ruled that it was wrong to penalise organisers for not giving notice. But just a year later, in a separate case, it found such requirements valid under the country’s constitution.
This week’s decision is a victory, confirming that freedom of assembly is for everyone, and protest is a vital way for people to make their voices heard beyond the ballot box.
We, together with our partners at CIVICUS, hope that the government and the police not only respect the federal court’s decision, but also actively facilitate people’s right to speak and protest. They must acknowledge the essential role that freedom of expression plays in a healthy, democratic society.
