KUALA LUMPUR: Civil society non-governmental organisations Coalition for Clean and Fair Elections (Bersih) and Suara Rakyat Malaysia (Suaram) have called on the government to expedite amendments to the Peaceful Assembly Act 2012.

Bersih chairperson Muhammad Faisal Abdul Aziz said the Federal Court's declaration that it is unconstitutional to criminalise failure to give notice to the authorities would open up Malaysia's democratic space.

"It's a commendable decision by the court, given the provision is punitive and exceeds the fundamental liberties as enshrined in our Constitution.

"We agree that every action, including peaceful rallies, needs to be regulated, but it must be proportionate.

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"Bersih urges the government to expedite the amendment of the act to give more space for the people to hold peaceful rallies."

Suaram executive director Azura Nasron called on the government to fully repeal Section 9(5) of the act in the Parliament session in October.

Azura added: "We urge the police to incorporate clear, rights-based guidelines on facilitating peaceful assemblies into its human rights training module developed jointly with the Human Rights Commission of Malaysia (Suha-kam)."

She said Section 9(5) of the act was consistently used as a tool of intimidation against assembly organisers, especially human rights defenders.

Suaram was investigated 13 times over the notice requirement in Section 9(1) from 2020 to 2024, but was never charged.

On Tuesday, the Federal Court declared it unconstitutional to criminalise the failure to notify police five days before a peaceful assembly.

In delivering the unanimous decision by a five-member bench, Chief Justice Tun Tengku Maimun Tuan Mat said Section 9(5) of the act imposes a penalty that goes beyond what is allowed under Article 10(1)(b) of the Federal Constitution, which guarantees the freedom of speech, assembly and association.