Malaysian human rights activists celebrate victories while noting that free speech challenges remain

Journalists Day Malaysia

The founding members of the Media Council was announced on National Journalists’ Day (Hawana) in Malaysia. Screenshot from Facebook video of Harapandaily. Fair use

Human rights watchdogs in Malaysia have recently seen a series of legislative and regulatory successes that have observers optimistic about the future of free speech and civil protections in the country. On June 14, the Malaysian Media Council Act was officially inaugurated, with the government appointing the founding members. On June 19, the Federal Court ruled that the fatwa (a religious ruling) against the women’s rights group Sisters in Islam is unlawful. And on July 1, the Federal Court struck down a section of the Peaceful Assembly Act requiring protest organizers to inform the police about their action as unconstitutional.

Human rights advocates celebrated these victories while highlighting the significant hurdles that continue to undermine freedom of expression in the country, such as the enforcement of repressive laws and the targeting of critics and minority groups.

Malaysian Media Council

Media groups have been lobbying for the establishment of an independent Media Council to address the industry's concerns and resolve complaints involving journalists’ work. After years of advocacy, the Malaysian Media Council Act was passed by parliament in February 2025. It took effect on June 14, coinciding with the National Journalists’ Day. Authorities said the council “would serve as a platform for any party who is uncomfortable or dissatisfied with media reporting to submit their complaints.”

The Centre for Independent Journalism challenged the founding board members to remain true to their mission.

As this signifies the coming formation of the Malaysian Media Council, we hope that the founding board members in their roles can serve as the voice of a free press in line with the mandate of this institution.

During a media forum, The Star’s senior news editor, Datuk Philip Golingai, acknowledged the significance of the formation of the Malaysian Media Council (MMC) but noted that “political interference” remains a problem for journalists.

On safeguarding media freedom, I think that question is tricky. Yes, MMC is there but I don’t think it can protect the media because there are political interferences on both sides, there are also litigation where we can get sued and we are not protected by the MMC. And then there is also harassment and things like that.

Sisters in Islam

In 2014, Selangor religious authorities issued a fatwa against Sisters in Islam, which was called “deviant” for subscribing to “liberalism” and “religious pluralism.” The fatwa also directed the government to block online access and to seize materials linked to the group. Malaysia has a Muslim majority population (about 63 percent) with a government guided by a Constitution that promotes racial and religious harmony. In recent years, Muslim hardliners have been calling for the strict enforcement of Islamic teachings in governance.

Sisters in Islam challenged the legality of the fatwa and fought for 11 years to push the case to the Federal Court. The ruling was in favor of Sisters in Islam, but it was only a partial victory because the decision upheld the application of the fatwa to individuals.

Sisters in Islam celebrated its court victory.

Sisters in Islam was not alone in its legal battle as it received support and solidarity from civil society groups and human rights advocates. Freedom Film Fest emphasized the legacy of Sisters in Islam in promoting women’s rights and the political significance of the court decision.

For over four decades, Sisters in Islam has courageously championed women’s rights and justice in Islam. At a time when dissent is often punished and critical voices are silenced, the Federal Court decision reinforces the vital role of civil society in speaking truth to power.

Peaceful Assembly Act

On July 1, the Federal Court ruled that Section 9(5) of the Peaceful Assembly Act (PAA) 2012 is unconstitutional and invalid.

This section requires protest organizers to notify the police at least five days before a protest or rally. Failure to do this is considered an offence that authorities often invoke to threaten activists.

The court ruling described the section as “a disproportionate intervention” that amounted to a prohibition rather than a restriction on guaranteed rights. It added that the section, in particular the 5-day notice requirement, makes it impossible to organize “urgent assemblies.”

“This complete denial of the right to assemble is clearly not a restriction but a disguised prohibition,” the court ruled.

ARTICLE 19 and CIVICUS welcomed the ruling and reminded authorities to respect the people’s rights.

The verdict is an important reminder that people have an unequivocal right to participate and organise peaceful assemblies and that the authorities must facilitate, not obstruct, this right. Protests and assemblies empower people to make their voices heard beyond the ballot box.

Start the conversation

Authors, please log in »

Guidelines

  • All comments are reviewed by a moderator. Do not submit your comment more than once or it may be identified as spam.
  • Please treat others with respect. Comments containing hate speech, obscenity, and personal attacks will not be approved.