KUALA LUMPUR, Malaysia - In a landmark decision on July 1, 2025, the Federal Court of Malaysia declared Section 9(5) of the Peaceful Assembly Act 2012 unconstitutional, marking a significant victory for civil liberties in the Southeast Asian nation [4].

The unanimous ruling by the five-judge panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, struck down the provision that criminalized the failure to provide a five-day advance notice to the police before holding a peaceful assembly [4]. The court determined that this requirement violated Article 10(1)(b) of the Federal Constitution, which guarantees the right to peaceful assembly [4].

Chief Justice Tengku Maimun stated, "Section 9(5) cannot be seen as a valid restriction on the constitutional right to peaceful assembly under the Federal Constitution's Article 10(1)(b), but amounts to a prohibition and a disproportionate incursion of this right" [4].

The ruling has been widely welcomed by various stakeholders, including the Malaysian Bar and human rights groups. Mohamad Ezri Abdul Wahab, president of the Malaysian Bar, lauded the decision, saying, "We have held that the requirement to notify the police should be administrative in nature, not punitive. This decision vindicates that position" [1].

Rights group Suaram urged the government to embrace the ruling, stating that it offers "a critical chance to reaffirm its democratic commitments" [3]. The organization called for an immediate moratorium on the use of Section 9(5) and its full repeal [3].

In response to the court's decision, Home Minister Datuk Seri Saifuddin Nasution Ismail announced that the ministry would table amendments to the Peaceful Assembly Act in the upcoming parliamentary sitting this month [2]. He emphasized the Madani government's commitment to upholding democratic principles and protecting the people's right to peaceful assembly [2].

The ruling stems from a constitutional challenge brought by former Muda secretary-general Amir Hadi, who was charged in 2022 for failing to provide the required notice before organizing a protest [5]. This case highlighted the broader implications of the law on civil society and political activism in Malaysia.

As Malaysia moves forward from this decision, the focus now shifts to the government's response and the anticipated amendments to the Peaceful Assembly Act. The ruling represents a significant step towards aligning Malaysia's laws with its constitutional guarantees and international human rights standards.