KUALA LUMPUR – The Federal Court has ruled that Section 9(5) of the Peaceful Assembly Act 2012 is unconstitutional, effectively removing the legal requirement for organisers to give authorities five days’ notice before holding a peaceful assembly.
The unanimous decision was delivered by a five-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat, on her final day in office before retirement.
According to FMT, Tengku Maimun described the section as a “disproportionate interference” and said it amounted to a prohibition rather than a restriction on the right to assemble.
This means it is no longer an offence in Malaysia if organisers fail to provide five days’ advance notice to the police for a peaceful assembly.
Previously, under Section 9(5), failure to give the notice was a criminal offence punishable by a fine of up to RM10,000 upon conviction.
In August 2024, former Muda secretary-general Amir Hariri Abdul Hadi referred constitutional questions regarding the Peaceful Assembly Act 2012 to the Federal Court.
The referral was allowed by justice Datuk Azhar Abdul Hamid, who found there was a constitutional issue that needed determination by the Federal Court, in relation to a criminal case faced by Amir, 33, at the magistrates’ court in 2022.
On August 16, 2022, Amir claimed trial in the Kuala Lumpur magistrates’ court over a peaceful assembly titled “Mana LCS?” held on August 14, 2022, outside the Sogo complex on Jalan Tuanku Abdul Rahman.
He was charged as the organiser for failing to notify the officer in charge of the Dang Wangi district five days prior to the event.
He was charged under Section 9(1) of the Peaceful Assembly Act 2012 and faced punishment under Section 9(5), which carries a fine of up to RM10,000 upon conviction.
Amir subsequently challenged the constitutionality of Section 9(5) of the Act.
In a statement posted on X, Amir hailed the decision as a victory for the people’s right to peaceful assembly.
“Alhamdulillah. Section 9(5) of the Peaceful Assembly Act has been declared unconstitutional today by the Federal Court! A win for the people’s right to assemble peacefully,” he said.
He also thanked Tengku Maimun and his legal team. – July 1, 2025