In a move to enhance freedom of assembly, Malaysia is set to amend the Peaceful Assembly Act 2012 by removing the requirement for site-owner approval for public gatherings.

In a welcome bit of political news, Malaysia is set to take a meaningful step in expanding democratic freedoms with a forthcoming amendment to the Peaceful Assembly Act 2012, which will remove the requirement for rally organizers to seek prior approval from site owners before holding public gatherings. Prime Minister Anwar Ibrahim announced the move on February 13, framing it as a step towards strengthening Malaysians’ right to peaceful assembly.

“This means the need to get approval for certain locations will be amended or removed. Section 11 of the Act – requiring obtaining approval from the owner or occupier of the place – will be removed from the rules,” Anwar stated in Parliament, as reported by Malay Mail and Channel News Asia.

EXPANDING FREEDOM OF EXPRESSION

The decision follows recent criticisms of government-imposed restrictions on an anti-corruption rally held on January 25. Civil society groups had voiced concerns that previous legal requirements made it difficult for Malaysians to exercise their right to protest, despite peaceful assembly being enshrined in the Federal Constitution. By eliminating Section 11, the government aims to remove one of the biggest bureaucratic hurdles faced by demonstrators.

Anwar affirmed that with this amendment, previous investigations into the anti-corruption rally involving university students would be halted. He also confirmed that no further action would be taken against individuals involved in a recent hunger strike calling for the abolition of the Security Offences (Special Measures) Act 2012 (SOSMA).

“The same applies to the hunger strike and protests or demonstrations (regarding) SOSMA a few days ago, no action will be taken,” he added.

A BALANCED APPROACH TO PUBLIC ASSEMBLY

The amendment, set to be tabled in the next parliamentary session, underscores Malaysia’s ongoing efforts to strike a balance between ensuring public safety and upholding civil liberties. While the requirement for site-owner approval will be abolished, organisers will still need to notify the police at least five days before any gathering.

This notification process, Anwar explained, enables law enforcement to manage security, traffic, and crowd control effectively. However, he reiterated that rallies involving weapons or young children would remain prohibited, and any false accusations made during assemblies would be addressed through legal means.

In the meantime, the prime minister has issued a moratorium on Section 11, allowing the authorities to disregard the provision ahead of the formal amendment process.

A POSITIVE STEP FOR MALAYSIA’S DEMOCRACY

The move to amend the Peaceful Assembly Act has been met with cautious optimism from civil rights advocates. It represents a meaningful step towards bolstering freedom of speech and the right to peaceful protest—both key pillars of a functioning democracy. By easing restrictions on public gatherings, Malaysia is positioning itself as a country that respects and protects civic participation, fostering an environment where citizens can peacefully express their views without unnecessary legal obstacles.

With the upcoming amendment, Malaysians can look forward to a more open and transparent public discourse, strengthening the nation’s democratic fabric while ensuring that assemblies remain peaceful and well-coordinated.