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Peaceful Assembly Act 2012

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Peaceful Assembly Act 2012

The Peaceful Assembly Act 2012 (Malay: Akta Perhimpunan Aman 2012, abbreviated PAA) is the law which regulates public protests in Malaysia. According to the Barisan Nasional government, the Act allows citizens to organise and participate in assemblies peaceably and without arms, subject to restrictions deemed necessary and in the interest of public order and security.

The Act was drafted four months after the Bersih 2.0 rally and two months after the government announced its intention to amend the Police Act. It was tabled in Parliament on 22 November 2011, passed by the Dewan Rakyat on 29 November, and approved by the Senate on 20 December. It officially became law on 23 April 2012.

The PAA has been strongly criticised by the opposition, which says that the new law will crackdown on the right to protest instead of safeguarding it. The Bar Council and various civil society leaders have also spoken out against the Act.

Prime Minister Najib Razak promised multiple reform initiatives on his Malaysia Day address on 15 September 2011, including repealing the Internal Security Act and abolishing permits for the print media.

An editorial by the United Malays National Organisation (UMNO)-owned New Straits Times said the PAA "is a step, among recent others, [by Najib] to fulfil the promises made in his Malaysia Day address, which included a repeal of stringent laws that had outlived their usefulness." It said that the bill "will enable peaceful airings of grievances and other expressions through public assemblies" without being a "carte blanche for unruly street protests". According to the New Straits Times, this is a step by Najib "to take the country’s constitutional democracy to a higher and more mature plane."

While debating the law in Parliament, Najib described it as "revolutionary in nature and a giant leap in terms of improving on current laws." Two government members of parliament have hailed the proposed Act as a step towards the government becoming more accepting of public assemblies. Former Prime Minister Mahathir Mohamad praised the PAA as having "good intentions ... besides preventing certain quarters from taking advantage of a situation, so that violence does not become a problem to the country."

The PAA was passed by the Dewan Rakyat on 29 November 2011 with no dissenting votes after opposition members of parliament staged a walkout during the final debate. Some 500 people staged a protest outside Parliament during the vote. It was passed by 39–8 in the Dewan Negara on 20 December 2011. The law officially came into force on 23 April 2012.

In 2019, an amendment on this Act was made by the Pakatan Harapan government who came into power after the 2018 general election. Prior to this amendment, organisers must notify the police 10 days before the assembly. The notice period was reduced from 10 days to 5 days after the amendment. The amendment also saw the time limit for police to respond to an organiser's notice reduced from 5 days to 3 days, and the ban on street protest abolished. Offences under Section 9 and 15 of the PAA were also converted into compoundable offences with a RM5,000 fine, which is not classified as a crime and parliamentarians found to have violated these sections would not lose their seats or eligibility to contest in election.

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