Patriotism, Protests, and Public Order

National Day Symbolism vs. Citizen Expression

National Days are potent moments when patriotism is on full display—but they can also become flashpoints for dissent. In Indonesia, for instance, some citizens have taken to flying the “One Piece” pirate flag during Independence Day not as an act of disrespect, but as a jarring expression of love for their homeland and dissatisfaction with governance . Psychologically, symbols carry immense affective weight: substituting a national flag with satire or metaphor can evoke collective emotion and provide a safe outlet for protest, especially when conventional channels are constrained.

Laws of Public Order: Global Standards and Malaysia’s Legal Frameworks

Internationally, the right to peaceful assembly is upheld by treaties like Article 21 of the ICCPR, which obliges states to not only refrain from undue interference but also to actively protect demonstrators—so long as restrictions remain lawful, necessary, and proportionate . In Malaysia, while Article 10 of the Federal Constitution theoretically protects freedom of speech and assembly, numerous statutes—such as the Peaceful Assembly Act 2012, the Sedition Act, the Communication and Multimedia Act (CMA), and even SOSMA—have often been deployed to regulate or curtail expression, especially around politically charged dates .

Malaysia’s Recent Shifts: Reform or Repression?

There are glimmers of reform: in February 2025, the Section 11 of the Peaceful Assembly Act was announced to be removed, eliminating the requirement for venue-owner permission and replacing it with a simple five-day notification to the police—though security-sensitive locations remain regulated . However, civil society continues to report obstructions: peaceful groups, such as plantation workers marching to Parliament, were met with police blockades and disproportionate force, contrary to constitutional guarantees under Article 10—which demands that authorities facilitate, not inhibit, public expression . Human rights watchdogs still flag Malaysia’s civic space as “obstructed”, citing persistent use of restrictive laws to harass protesters, journalists, and artists .

Striking a Balance: Patriotism, Protest, and Psychological Legitimacy

From a psychological standpoint, protests on National Days are often rooted in a paradoxical love of nation—citizens wielding dissent to call for better governance. As observed internationally, when protesters couple patriotic symbols with nonviolent tactics, the act can be reinterpreted as deeply patriotic rather than seditious . For Malaysia, achieving this delicate equilibrium calls for legal clarity, not suppression; for authorities to distinguish between peaceful dissent and brinkmanship; and for citizens to feel confident that expressing discontent need not be a betrayal of national unity.