MALAYSIA

• Legal framework:

–  1963 Federal Constitution of Malaysia

https://www.rightofassembly.info/assets/downloads/1963_Federal_Constitution_of_Malaysian_(as_amended).pdf

Freedom of speech, assembly and association

10. (1) Subject to Clauses (2), (3) and (4) —

(a) every citizen has the right to freedom of speech and expression;

(b) all citizens have the right to assemble peaceably and without arms;

(c) all citizens have the right to form associations.

(2) parliament may by law impose—

(a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offense;

(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof or public order;

(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.

(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labor or education.

(4) in imposing restrictions in the interest of the security of the Federation or any part thereof or public order under paragraph (a) of Clause (2), parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III, Article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

NOTES

Art. 9

See Art. 149(1).

Clause (2)

1963. the words “Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof” substituted for “Subject to any restriction imposed by any law relating to the security of the Federation” by Act 26/1963, subsection 60(1), in force from 16-09-1963.
1964. See Art. 4(2)(a).

Clause (3)

1963. Added by Act 26/1963, subsection 60(1), in force from 16-09-1963. A proviso which was added at the same time was repealed by Act 59/1966, section 2, in force from 19-09-1966. As it stood on the date of repeal, the proviso read as follows:

“provided that no restriction on the right of movement between the State of Singapore and the States of Malaya shall be imposed by virtue of this Clause except by a law relating to labour or education or to any matter in respect of which, because of the special position of the State of Singapore, it appears to parliament to be desirable to prevent the enjoyment of rights both in the State of Singapore and in the States of Malaya.”.

1963. Applies to laws passed before Malaysia Day so as to impose restrictions with effect from Malaysia Day—See subsection 60(2) of Act 26/1963.
1964. the proviso was amended by the addition of “and any such restriction shall apply reciprocally to the States of Malaya and the State of Singapore” at the end of the proviso by Act 19/1964, section 2, in force from 30-07-1964.

• Legislative framework:

– Act 335 SOCIETIES ACT 1966

https://www.mdi.gov.my/index.php/legislation/laws/1336-act-335-societies-act-1966

– Act 736  – Peaceful assembly Act 2012

https://www.rightofassembly.info/assets/downloads/2012_Peaceful_Assembly_Act_of_Malaysia.pdf