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THE government is undertaking a thorough review of the Peaceful Assembly Act 2012 following a Federal Court ruling last month which found a key provision of the legislation to be unlawful and unconstitutional.
Home Minister Datuk Seri Saifuddin Nasution Ismail confirmed the review in a written parliamentary reply, stating that the government is reassessing the entire legislation to ensure its provisions align with democratic values, human rights, and the country’s evolving needs.
"Any decisions regarding amendments to the Act will be made with utmost care, taking into account the constitutional right to peaceful assembly, while also balancing the need to maintain public order, national security and the rights of others," Saifuddin said, responding to a query from Jiy Puah Wee Tse (PH–Tebrau) in the Dewan Rakyat.
The Federal Court, on 1 July, ruled that it was unconstitutional to criminalise the failure to notify police five days prior to organising a peaceful assembly.
In delivering the judgment, former Chief Justice Tun Tengku Maimun Tuan Mat noted that Section 9(5) of the Peaceful Assembly Act 2012 imposes penalties exceeding the limits permitted under Article 10(1)(b) of the Federal Constitution, which guarantees the freedoms of speech, assembly and association. - August 8, 2025