Malaysia’s High Court Declares Assembly Sanctions Unconstitutional; Strengthening Civil Liberties

JAKARTA, 24 JULY 2025—The operationalization of the right to peaceful assembly underpins any democratic society. It is not only a mechanism for expressing dissent or support but a vital means through which citizens participate in shaping public policy and holding governments accountable.

In this light, ASEAN Parliamentarians for Human Rights (APHR) commends the historic ruling issued by Malaysia’s Federal Court on 1 July 2025, which invalidated Section 9(5) of the Peaceful Assembly Act 2012 on the grounds of unconstitutionality.

The five-judge panel unanimously found that penalising organisers for failing to give prior notice imposed a punishment beyond constitutional limits, describing the law as ‘a disproportionate intervention’ on the right to assemble.

This ruling reinforces Malaysia’s obligations under the UDHR and ASEAN Human Rights Declaration, which explicitly affirm that ‘everyone has the right to freedom of peaceful assembly.’

“We applaud this judicial affirmation of fundamental rights and remind ASEAN and its member governments that respect for human rights is essential to democracy and regional cooperation,” declared Rangsiman Rome, APHR Board Member and Member of Parliament of Thailand.

Alongside this beacon amendment, APHR also urges Malaysia’s legislative and executive authorities to ensure that this victory for civil liberties is made permanent in law and practice. Reforming the Peaceful Assembly Act and related regulations must now be a priority.

Arlene Brosas, APHR Board Member and Former Member of the House of Representatives of the Philippines emphasized that, “this decision should not remain on paper alone. This means ending the harassment of peaceful protesters and revising other restrictive laws that may violate basic rights.”

This development has significance for all of Southeast Asia, and so APHR calls on ASEAN governments and entities to uphold the region’s human rights commitments and to support Malaysia’s reforms.

“A court decision is only the beginning. Malaysia’s court ruling must inspire ASEAN officials and Southeast Asian lawmakers to make the promotion of peaceful assembly a core part of the regional agenda. ASEAN must hold itself and its member states accountable to the standards we have all agreed upon in the Declaration,” reminded Mercy Chriesty Barends, APHR Chairperson and Member of the House of Representatives of Indonesia.

APHR stands ready to work with parliamentarians, governments and civil society across Southeast Asia to ensure that this judicial victory leads to genuine improvements in human rights throughout the region. #