THE Federal Court today ruled that Section 9(5) of the Peaceful Assembly Act (PAA) 2012 which criminalises the failure to give notice for a peaceful assembly is unconstitutional.
Chief Justice Tengku Maimun Tuan Mat said the section 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.
On a day before her retirement, Tengku Maimun delivered the unanimous decision of a five-member panel over a challenge brought by former Muda secretary-general Amir Hariri Abdul Hadi.
"The section was “a disproportionate intervention” and amounted to a prohibition rather than a restriction of that right," she said.
In a tweet, Amir Hariri described the success of his previous application to refer the act to the legislative stage as a victory for the people.
He also expressed his gratitude to Tengku Maimun who led the panel today.
On August 26, 2022, Amir Hariri pleaded not guilty in the Magistrate's Court in relation to the 'Mana Kapal Tempur Pesisir (LCS)' assembly held on August 14, 2022.
He was charged with failing to notify the police officer in charge of the Dang Wangi district five days before holding a rally in front of the Sogo Complex, Jalan Tuanku Abdul Rahman at 2pm, August 14, 2022.
The charge was brought under Section 9 (1) of the Peaceful Assembly Act 2012 and is punishable under Section 9 (5) of the same act which provides for a maximum fine of RM10,000, if convicted.
Amir Hariri then challenged the validity of the act.
Last August, the High Court allowed his application to refer the constitutional question regarding the PAA 2012 to the Federal Court.
MUDA acting president Amira Aisya Abd Aziz hopes that with the decision, the authorities will no longer use Section 9 (5) of the PAA 2012 to suppress and silence the people's voices. - July 1, 2025
