Media Quote
25 February 2025
Responding to the news that a student activist from Universiti Malaysia Sabah (UMS) is set to face charges under Section 509 of the Penal Code, and Section 9(5) of the Peaceful Assembly Act (PAA) 2012, for an anti-corruption gathering held on Dec 31, 2024, Amnesty International Malaysia’s Freedom of Expression Campaigner, Kiran Kaur, said:
“The decision to charge Fadhil Kasim under the Peaceful Assembly Act contradicts the government’s own commitment to reform. This action not only undermines trust in the promised amendments but also raises concerns that authorities will continue using outdated laws to silence peaceful dissent—unless legal clarity and clear protocols for law enforcement are established to protect fundamental freedoms.”
“If the Prime Minister is serious about protecting and facilitating peaceful assembly in Malaysia, the government must take a comprehensive approach to revising the PAA—beyond just Section 11. It must conduct a full review of the Act, including but not limited to Section 9, and repeal Penal Code provisions that have long been used to suppress freedom of expression as well,” said Kiran Kaur.
“The government must uphold its pledge by dropping all past and ongoing charges under the PAA and ensure that no one is criminalized simply for exercising their right to peaceful assembly. A moratorium means nothing if students and activists continue to face prosecution for speaking out,” said Kiran Kaur.
Background
On 13 February, Prime Minister Anwar Ibrahim announced in Parliament that the government has agreed to amend the Peaceful Assembly Act (PAA) 2012. Among the proposed changes is the removal of Section 11, which currently requires rally organisers to obtain permission from venue owners. Anwar also stated that a moratorium on investigations under Section 11 would take effect immediately.
Despite this commitment, student leader Muhamad Fadhil Muhamad Kasim is now facing charges under Section 9(5) of the PAA for allegedly failing to provide prior notice of an assembly, as well as under Section 509 of the Penal Code.
Earlier this month, Minister of Home Affairs, Datuk Seri Saifuddin Nasution Ismail, told media that the Home Ministry (MOHA) will prepare a Cabinet memorandum following the government’s decision to amend the Peaceful Assembly Act 2012 (Act 736). However, the government has yet to clarify whether the amendments will include a broader review of the PAA beyond Section 11, including Section 9 and other provisions that have long been used to suppress freedom of expression and peaceful assembly in Malaysia.
Amnesty International Malaysia reiterates its call urging the government to engage meaningfully with civil society to ensure that reforms align with international human rights standards, and that the right to peaceful assembly is fully protected. Pending the review, we call on the government to ensure no one else is arrested, investigated, charged or imprisoned under the PAA.
For more information, please contact AIM’s Communications Officer, Divya Shesshsan Balakrishnan at [email protected]