Why are rally organisers investigated under the Peaceful Assembly Act?

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Rally Organisers Investigated Under The Peaceful Assembly Act Due To Freedoms Being Constrained By Law

The organisers of the "Himpunan Rakyat Benci Rasuah" anti-corruption rally faced police investigation under the Peaceful Assembly Act 2012, highlighting that constitutionally guaranteed freedoms in Malaysia are exercised within the framework of the law, not as exemptions from it. This legal scrutiny suggests that the assembly's activities may have potentially transgressed the boundaries set by existing legislation.
Freedoms Are Exercised Under Legal Parameters

In Malaysia, fundamental liberties, including freedom of speech, assembly, and association as enshrined in Article 10 of the Federal Constitution, are not absolute liberties but are freedoms exercised "under the law." This principle, echoed by legal scholars like John Locke and Lord Denning, signifies that these rights are inherently bound by legal limitations. Therefore, any exercise of these freedoms must adhere to the stipulations and restrictions imposed by the legal system.
Peaceful Assembly Act 2012 Framework

The Peaceful Assembly Act 2012 governs public assemblies in Malaysia. While it safeguards the right to assemble peacefully, it also outlines specific requirements and potential grounds for investigation if these are not met. The investigation into the "Himpunan Rakyat Benci Rasuah" organisers implies that their actions, or the manner in which the rally was conducted, may have been perceived by authorities as falling outside the Act's permissible scope, potentially triggering a review under its provisions.
Potential Overreach of Lawful Assembly

The investigation serves as a reminder that freedoms of speech and assembly are not freedoms from legal accountability. If the organisers of the "Himpunan Rakyat Benci Rasuah" rally exceeded the bounds of lawful assembly or speech as defined by Malaysian law, such as through actions that may disrupt public order or violate other statutes, then a police investigation would be a natural consequence. This underscores the necessity for organisers to be fully aware of and comply with all relevant legal requirements when planning and executing public gatherings.

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Why are rally organisers investigated under the Peaceful Assembly Act?

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