The people have the right to freedom of expression including organising or participating in peaceful gatherings provided they adhere to stipulated regulations, said Datuk Seri Dr Shamsul Anuar Nasarah.
In response to a question from Chow Yu Hui (PH-Raub) during the Dewan Rakyat question and answer session on Tuesday (Oct 22), the Deputy Home Minister cited the Peaceful Assembly Act 2012 (Act 736) and clarified that the organiser must notify the police at least five days before the planned event.
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In response to a question from Chow Yu Hui (PH-Raub) during the Dewan Rakyat question and answer session on Tuesday (Oct 22), the Deputy Home Minister cited the Peaceful Assembly Act 2012 (Act 736) and clarified that the organiser must notify the police at least five days before the planned event.
Read more at https://tinyurl.com/wzadvp75
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NewsTranscript
00:00Thank you, Your Excellency.
00:03My friend, Your Excellency Raup.
00:07There are two parts to this question, Your Excellency.
00:10To answer part A,
00:12a violation or violation of the Security Coordination Act
00:16and without the permission of the citizens of the country,
00:19the law used is in accordance with the Security Coordination Act 2012,
00:25Article 736.
00:27Under this act, the violator is sentenced
00:30to five days' imprisonment
00:35by the Malaysian police.
00:37Prior to the date of imprisonment,
00:39the PDRM is responsible for taking any necessary steps
00:45to ensure the imprisonment by the violator
00:51is in accordance with Article 736.
00:55According to the Security Coordination Act 2012,
01:03the violation of the permit is considered as a violation of the Security Coordination Act.
01:09For Your Excellency Raup,
01:11the violation of the Security Coordination Act under Section 9-1, Article 736
01:16is necessary to meet the requirements set under Section 10, Article 736.
01:23One of the requirements is to complete a list of requirements
01:27that includes the number of people,
01:29the number of participants,
01:31and the number of individuals appointed by the violator
01:34to ensure that the population is in accordance with the regulations
01:38and meet the requirements as set out.
01:42To answer part B,
01:44the police have the power under Section 15, Article 736
01:50to impose conditions and restrictions on a group
01:55to ensure the safety and well-being of the public,
02:00including the protection of the rights and freedoms of others.
02:08Any additional questions, Your Excellency Raup?
02:10My additional question is,
02:12on the 7th of September, 2024,
02:16a group of farmers wanted to hold a safe gathering
02:20and submitted a gathering notice 8 days prior to the gathering.
02:24However, the regional police chief said
02:26there was no justification given
02:28because the notice was not sent 10 days prior to the gathering.
02:32The police also urged the public not to attend the gathering.
02:36My additional question is,
02:38why is there still half of the regional police chiefs
02:40who are not aware that the gathering notice has been changed
02:44from 10 days to 5 days prior to the gathering?
02:47And why can the police urge the public
02:50not to attend the gathering
02:53while the freedom to gather has been guaranteed in Article 10
02:58and also in the Act of Public Gathering?
03:01And finally,
03:02if the local authorities, such as the local authorities,
03:06have a different stance on the issue of gathering
03:11or have a conflict of interest with the gathering,
03:14if the local authorities do not allow the gathering to take place,
03:18what steps can be taken to ensure a safe gathering
03:23without any obstacles?
03:26That's all. Thank you.
03:28Hon Minister?
03:29Hon Minister,
03:31I don't have specific information on the case.
03:36I will provide information on why the gathering was not allowed.
03:42Whatever it is,
03:44I want to say that the government gives rights
03:47and freedom of speech to the people in all levels.
03:51However, that freedom must comply with the established rules.
03:56We have a guideline in the Act of Public Gathering
04:00that allows all parties to hold a gathering,
04:05but it must comply with the established rules,
04:10including a notice of not less than five days
04:16before the gathering is held.
04:20I want to say here that
04:24what you just said about the freedom of speech,
04:30I want to say that Article 10-1-B of the Constitution
04:35guarantees the right to freedom of speech,
04:38and it is not an absolute right.
04:44Article 10-2-B states that the parliament can,
04:49through the law,
04:51apply the rights given by Article 10-1-B
04:56to all parties.
05:07Article 10-2-B of the Constitution
05:16guarantees the right to freedom of speech
05:21and to avoid unwanted incidents during a public gathering.
05:27The actions and SOPs taken by the parliament
05:32are based on the aforementioned regulations
05:35that were passed in 2019,
05:39including the timing of the gathering.
05:44The gathering was shortened from Article 10-1-B to Article 5-1-B.
05:48This information, as you said earlier,
05:52is why this incident was not informed.
05:55Whatever it is, we give the freedom
05:58for all parties to hold a gathering,
06:00but it must comply with the established rules.
06:03I will provide the specific information based on the question.