PSmall Change, Big Impact, Whistleblower Act Amendment Passed In Parliament
The passage of the bill marks a crucial step in addressing long-standing concerns about the effectiveness of existing whistleblower protections in Malaysia. A key amendment widely lauded is the removal of the proviso in Section 6(1) of the principal Act. Previously, this clause denied protection to whistleblowers if their disclosures contravened any other written law, such as the Official Secrets Act (OSA) or Section 203A of the Penal Code.
Bangi MP Syahredzan Johan, debating the bill, highlighted the 'profound impact' of this change. 'The amendment may seem simple, just a deletion of a provision, but its impact is profound,' he told the Dewan Rakyat. 'Previously, whistleblowers were only protected if the disclosure didn't contravene any written law. That meant if they revealed information under the Official Secrets Act (1972) or Section 203 of the Penal Code, they weren't entitled to protection. This effectively disqualified many honest individuals who wanted to report wrongdoing.' The revised clause now allows disclosures made in the public interest to qualify for legal protection, even if the information in question would otherwise be restricted under secrecy laws.
Another notable amendment allows authorities to exercise discretion in granting protection to whistleblowers who may themselves be implicated in misconduct, provided that such protection serves the public interest. This aligns Malaysia's approach more closely with international best practices, recognizing that insiders, even those with some involvement, are often the only ones with knowledge of hidden wrongdoing.
The bill also includes the establishment of a Whistleblower Protection Committee. This committee will be tasked with overseeing the implementation of the Act, collecting data on whistleblower complaints, and providing general oversight on the powers of enforcement agencies. However, some civil society groups, including the Center to Combat Corruption and Cronyism (C4 Center), have previously voiced that while a positive step, this committee falls short of a fully centralized, independent whistleblower protection agency, calling for a clear timeline for such an establishment.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said had earlier emphasiaed the importance of whistleblowers channeling their disclosures through proper enforcement agencies to ensure authenticity and avoid risks to national security. She also confirmed that enhanced protections under Section 7 of the Act now include specific references to the Witness Protection Act 2009 (Act 696), allowing for additional safeguards like relocation or new identities in serious cases.
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