BY SYAHREDZAN JOHAN
Unlike the Police Act before this, the Peaceful Assembly Act allows assemblies without prior notification.
IN Malaysia, freedom of assembly is a right that is protected by the Federal Constitution. All citizens have the right to assemble peacefully without arms.
However, the right to peaceful assembly is not absolute. Under the Federal Constitution, the right to peaceful assembly may be restricted by Parliament.
Parliament may enact laws that impose restrictions as Parliament deems necessary or expedient in the interest of the security of the Federation or public order. However, whatever restrictions imposed by Parliament must be proportionate to the purpose for which the restriction was imposed in the first place.
The Peaceful Assembly Act (PAA) is the primary law that governs peaceful assemblies in Malaysia. It must first be borne in mind that the Act only facilitates peaceful assemblies without arms, not violent protests, riots and the like.
So if there is a protest where the protesters threaten harm to persons or damage to property, then it is not a peaceful assembly and should be dealt with as a crime under the Penal Code. Read more