MALAYSIA: The Malaysian government’s decision to amend the Peaceful Assembly Act 2012, specifically by removing Section 11, marks a significant shift in the country’s stance on freedom of assembly.
Prime Minister Datuk Seri Anwar Ibrahim announced the amendment during a parliamentary session, stating that “the government agrees to amend the Peaceful Assembly Act 2012 to ease and to help bodies or groups that have decided to hold peaceful assemblies”. This move has significant implications for activists and civil society groups, as it eliminates a longstanding legal barrier that has previously restricted protests.
The significance of removing Section 11
Section 11 of the Peaceful Assembly Act 2012 has been criticised for hindering peaceful demonstrations. This provision requires organisers to obtain consent from the owner or occupier of the location where they plan to gather. This provision has often served as a bureaucratic obstacle, making it difficult for activists to hold rallies, particularly in urban areas where public spaces are heavily regulated.
In an article published by Malay Mail, PM Anwar confirmed that “the need to get approval for certain locations will be amended or removed. Section 11 of the Act — requiring obtaining approval from the owner or occupier of the place — will be removed from the rules”.
This change reflects a broader effort to streamline protest regulations in Malaysia. While demonstrators must notify the police at least five days in advance, authorities will no longer require additional permissions for venue use, reducing the risk of arbitrary restrictions.
Implications for activists and civil liberties
The amendment is expected to benefit activists, students, and civil society groups who have faced legal challenges under the existing law. Removing Section 11 means fewer hurdles for organising protests, which could encourage more civic participation and political engagement.
Previously, police investigations into protests such as the January Anti-Corruption Rally and the recent hunger strike against the Security Offences (Special Measures) Act 2012 (Sosma) have raised concerns over the suppression of dissent. The Anti-Corruption Rally saw over 200 participants, and more than 10 university students were reportedly called in for questioning.
Similarly, the hunger strike by family members of Sosma detainees outside Sungai Buloh Prison was investigated under Section 9(5) of the Peaceful Assembly Act 2012, which mandates advance notice to the police.
Addressing these cases, PM Anwar assured Parliament, as reported by Malay Mail, that “some of the actions taken before this, including investigating the anti-corruption rally, all of those investigations will be ceased and no action will be taken. The same goes for the hunger strike against Sosma a few days ago. Action will not be taken.”
This shift suggests a more tolerant government approach, acknowledging the importance of peaceful assembly as a fundamental right.
Past controversies over protest restrictions
Malaysia has a complex history of public demonstrations, particularly under previous administrations that imposed strict limitations on protests. The Peaceful Assembly Act 2012 was introduced in response to mass protests, notably the Bersih rallies demanding electoral reforms. Critics have long argued that while ostensibly legalising peaceful gatherings, the Act contains provisions that effectively stifle protests through excessive regulations and penalties.
Over the years, the Act has been used to clamp down on dissent, with organisers facing fines and arrests for failing to comply with procedural requirements. The RM10,000 (S$3,000) fine for failing to submit notice under Section 9(5) has been particularly controversial, as it has been used against various protest organisers.
Under this provision, the police investigated the hunger strike outside Sungai Buloh Prison, demonstrating how the Act has been enforced to limit protest activities. The proposed amendment aligns with broader democratic reforms promised by PM Anwar’s government, suggesting a departure from previous crackdowns on protests.
Anwar Ibrahim’s history as a protester
PM Anwar’s stance on public demonstrations is deeply personal, given his history as a protester. Before returning to power, he was a prominent figure in Malaysia’s reform movement, participating in and leading multiple protests, including those against government corruption and electoral fraud. His involvement in demonstrations led to numerous arrests and periods of imprisonment, shaping his reputation as a champion of civil rights.
By pushing this amendment, PM Anwar appears to be fulfilling his long-standing commitment to democratic freedoms. His decision to issue a moratorium on police action against protesters further reinforces his government’s shift from punitive measures against public assemblies.
He also emphasised that under the current framework, the police only require a five-day notification from organisers to manage public safety and traffic rather than imposing restrictions through Section 11.
Public reaction to the amendment
The announcement to amend the Peaceful Assembly Act 2012 has drawn mixed reactions from the public. Many have welcomed the move to align Malaysia’s laws with constitutional rights.
One Facebook commenter remarked, “Good, finally implementing something in line with the FC,” referring to the Federal Constitution’s protection of freedom of assembly. Another stated, “Finally,” reflecting the frustration many have felt over past restrictions.
However, not everyone is convinced that this signals a broader commitment to reform. Some have expressed concerns that while the government is easing protest regulations, it must also ensure accountability. “Don’t let the corrupt free,” one comment warned, underscoring the ongoing demand for stronger anti-corruption measures alongside greater civic freedoms.
Others reacted with scepticism or humour. One remarked, “Just in time to protest over some ham sandwiches,” referencing the recent controversy surrounding food prices and economic concerns.
The diverse responses highlight how, while the amendment is seen mainly as a positive step, the government’s approach to broader issues—such as corruption, governance, and economic hardship—will continue to shape public sentiment.
A step towards greater political freedom
The removal of Section 11 from the Peaceful Assembly Act 2012 represents a significant victory for civil liberties in Malaysia. While some regulatory measures remain in place, such as the requirement for advance notification to the police, this amendment eliminates one of the most restrictive aspects of the law.
This change is a step towards greater political freedom and a more open civic space for activists and demonstrators. Whether this signals a lasting commitment to upholding the right to peaceful assembly will depend on how these reforms are implemented and whether further amendments are made to remove other restrictive provisions in the Act.
As Malaysia moves towards a more democratic framework, the government’s willingness to ease protest regulations marks a crucial moment in the nation’s political evolution.
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