Laws on freedom of assembly

Rakyat Marhaen

Article 10 (1) of the Federal Constitution of Malaysia grants Malaysian citizens freedom of speech, the right to assemble peaceably, and the right to form associations.

However, these freedom and rights are not absolute because Articles 10 (2), (3) and (4) permits Parliament to impose restrictions in the interest of the security of the Federation, friendly relations with other countries, public order, morality, to protect the privileges of Parliament, to provide against contempt of court, defamation, or incitement to any offence.

Under the Public Order (Preservation) Act 1958, the Minister may temporarily declare any area where public order is seriously disturbed or seriously threatened to be a restricted area for a certain period of time. This gives the police extensive powers under the Act to maintain public order in proclaimed areas. These include the power to close roads, erect barriers, impose curfews, and to prohibit or regulate processions, meetings or assemblies of five persons or more.

Another law that previously curtailed the freedoms under Article 10 is the Police Act 1967, which criminalised the gathering of five or more people in a public place without a permit. However, the relevant sections of the Police Act dealing with such gatherings have been repealed by the Police (Amendment) Act 2012, which came into operation on 23 April 2012. The Peaceful Assembly Act 2012, which came into operation on the same day, replaced the Police Act as the principal legislation dealing with public gatherings.

The Peaceful Assembly Act gives citizens the right to organise and participate in peaceful assemblies subject to the restrictions under the Act. Under the law, citizens are allowed to hold assemblies, which include processions provided that prior notice is given to the police. No notice is required for certain types of assemblies, such as wedding receptions, funeral processions, open houses during festivals, family gatherings, religious assemblies and assemblies at designated places of assembly. Section 15 empowers the police to give restrictions on assemblies.

However, street protests though, which consist of mass marches or rallies, are not permitted. Section 4(1) states that the right to assemble does not encompass a “street protest”. Therefore a “street protest” is illegal by virtue of PAA.

So, while we have laws to allow freedom of assembly, we also have laws that are more necessary to protect public order. The Constitution plus the Acts of Parliament are very clear on this.