KUALA LUMPUR, Feb 14 — Prime Minister Datuk Seri Anwar Ibrahim told the Dewan Rakyat yesterday that the government will retain two of Malaysia’s controversial security laws, saying they were still relevant and required.

These were the Peaceful Assembly Act 2012 and the Security Offences (Special Measures) Act, or Sosma, which were rolled out during the Najib administration as compromises at the time to Malaysians’ demand for greater civil liberties.

Sosma (Act 747)

Introduced in 2012 as a replacement to the colonial-era Internal Security Act (ISA), Sosma aims “to provide for special measures relating to security offences for the purpose of maintaining public order and security and for connected matters.”

Effectively, it allows preventive detention — like the ISA — for security offences. Unlike the ISA, however, it does not allow for indefinite detention without trial at the home minister’s discretion. Instead, it permits detention in blocks of 28 days at a time, renewable by court order.

According to the interpretation of the Act, a security offence is defined as those specified in the First Schedule of the Act, that are offences under — Chapter VI: Offences Against the State; Chapter VIA: Offences Relating to Terrorism; and Chapter VIB: Organised Crime — of the Penal Code, and Part IIIA of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act.

Aside from detention without trial, the law has also been used controversially against activists, showing its potential as a tool to silence dissent. Among notable Sosma detainees include former Petaling Jaya MP Maria Chin Abdullah in 2016 and Bersih activist Mandeep Singh in 2017.

PAA (Act 736)

Enacted in 2012 in the wake of the Bersih 2.0 rally and government reforms to ostensibly give Malaysians more freedoms, the PAA regulates and governs public gatherings and protests in Malaysia that are a constitutionally-protected right.

The law facilitated lawful gatherings by removing the requirement for police permits to assemble, replacing this with mandatory notice period and restrictions to safeguard public security and safety.

Some restrictions include prohibitions against marches (moving assembly), the involvement of minors (those under the age of 18), and gatherings near schools, hospitals, places of worship, or other designated prohibited areas, among others.

The police may also impose conditions on time, location, and manner of assembly, as well as order its dispersal at a time they determine to be appropriate.

Consequently, critics continue argue that the PAA continues to significantly restrict Malaysians’ constitutional freedom of assembly.

What will be changed?

For PAA, a proposed amendment would remove the need to obtain permission from a venue’s owner before holding a peaceful assembly at a public location. As many public spaces are typically “owned” by local authorities, this requirement has caused unsanctioned events to fall foul of the PAA, notwithstanding the right to public assembly.

However, organisers must still notify the local district police chief in which the assembly is to be held five days before its date. Those who failed to provide such notification to the police are liable for a fine up to RM10,000 upon conviction.

Under the Act’s Third Schedule, assemblies for which notification is currently not required are:

• Religious assemblies
• Funeral processions
• Wedding receptions
• Open houses during festivities
• Family gatherings
• General meetings of societies or associations

For Sosma, the status quo remains. Despite recent calls to repeal the law, the government is opting to retain the Act in its entirety.

This means:

• The preventive detention period (currently up to 28 days) will remain, subject to be a parliamentary review every five years.
• Authorisation can still be given by a police officer to delay a detainee’s access to a lawyer up to 48 hours
• An accused can be applied to be remanded in prison even after an acquittal until all appeals are disposed of.

Related stories

• No more consent needed: Peaceful Assembly Act to be amended, Section 11 requirement to be scrapped, says PM Anwar
• PM Anwar: Sosma stays, but must not be abused like ISA