Federal Court Decision a Landmark Victory for Freedom of Assembly in Malaysia

Suara Rakyat Malaysia (SUARAM) welcomes the Federal Court’s landmark decision today striking down Section 9(5) of the Peaceful Assembly Act (PAA) as unconstitutional. This ruling restores constitutional balance and affirms the right of all Malaysians to assemble peacefully without fear of criminal sanction.

For 13 years since the PAA was first enforced, Section 9(5) has contributed to entrenching not only an approval-centric approach by authorities to assemblies, but also an ‘unlawful’ narrative against assemblies that fail to fulfil the 5-day notice requirement. Section 9(5) has also been consistently used as a tool of intimidation against assembly organisers, especially human rights defenders – most recently seen in the charge against Fadhil Kasim for coordinating the Gempur Rasuah Sabah protest in December 2024 that was later dropped. Section 9(5) thus stands in stark contradiction to the very purpose of the PAA – which is to decriminalise peaceful assemblies and affirm the constitutional right to assemble.

The judgement thus rightfully affirms what civil society has advocated for all along – that the right to peaceful assembly is a right and not a privilege granted at the discretion of authorities, and that prior notification should serve to facilitate and not restrict the exercise of this right under Article 10(1)(b) of the Federal Constitution. Crucially, it also reiterates the state’s positive duty to facilitate and create enabling environmental conditions for assemblies, including those that are urgent and spontaneous. In doing so, the ruling brings long-overdue clarity to the legal limits of state power over assemblies and rejects the misuse of notice requirements as a proxy to criminalise dissent.

Beyond its immediate legal implications, this ruling also presents the government with a renewed opportunity to better uphold its democratic mandate by ensuring that the right to peaceful assembly is fully protected – both in law and in practice – as a foundation of participatory governance and the rule of law. To this end, we call on the government to honour this landmark decision by immediately imposing a moratorium on the use of Section 9(5) and ensuring its full repeal in the upcoming PAA amendments slated for October this year.

We also urge the Royal Malaysia 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 (SUHAKAM) – in line with the recommendation from Kazakhstan that Malaysia fully accepted during the fourth Universal Periodic Review (UPR) process.

In solidarity,

Azura Nasron (Executive Director at SUARAM)

Amir Hadi (in black and white shirt) stands with members of civil society organizations and lawyers at the Palace of Justice following the judgement, capturing a moment of solidarity and advocacy.