Malaysia: Federal Court ruling a powerful step towards restoring the right to peaceful assembly

On 1 July 2025, the Federal Court of Malaysia ruled that Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional. The decision was delivered in a constitutional challenge brought by activist Amir Hadi, who was charged under Section 9(5) for failing to provide notification to the police ahead of a protest organized in August 2022.

The provision criminalized acts of organizers of peaceful assemblies who failed to notify police five days in advance, even if the assembly remained peaceful. The Court ruled that such punishment was disproportionate and infringed on the right to peaceful assembly guaranteed under Article 10 of the Federal Constitution.

This ruling follows years of criticism from civil society and human rights organizations, who have called for the repeal of Section 9(5) and other restrictive provisions in the Act. Amnesty International Malaysia has long urged the government to engage meaningfully with civil society to ensure that the PAA and other repressive laws are brought in line with international human rights standards.

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