BRIEF FACTS:

• Amir Hariri (“Amir”) organised a peaceful rally on 14 August 2022 which was attended by 60 individuals.
  
  
• The rally was to protest a government contract awarded by the Ministry of Defence.
  
  
• He was charged under S9(5) of the Peaceful Assembly Act 2012 (“PAA”) for not giving the required 5 day prior notice under Section 9(1) of the PAA to the police.
  
  
• Section 9(5) PAA states that if you organise a public assembly without giving 5 days’ notice to the police, you can be fined up to RM100,000 even if the protest is peaceful and lawful.
  
  
• Amir challenged the validity of S9(5) of the Peaceful Assembly Act 2012 saying that it breached the provisions of the Federal Constitution in particular Art 10(1)(b) which guarantees the right to peaceful assembly.
  
  
• The case was argued at the Federal Court.

DECISION BY THE FEDERAL COURT (FC)

• FC ruled that Section 9(5)PAA is unconstitutional as it curtailed the right to freedom of peaceful assembly which was guaranteed by Art 10(1)(b) of the Federal Constitution.
  
  
• The FC stated that Section 9(5) PAA unfairly punishes organisers even if the protest is peaceful, and it does not protect public safety, or order in any meaningful way.
  
  
• FC also commented that it discourages people from organising protests even urgent assemblies, by creating a fear of punishment which would violate a citizen’s right.
  
  
• FC struck Section 9(5) PAA down which makes the section invalid.
  
  
• The right to protest peacefully and responsibly is protected.
  
  
• The FC also considered the government’s argument that S 9(5) was to ensure that the police were notified so that they can be put on guard to take protective action. But the Court held such intention was clearly not manifest in the way it was couched under S9(5).