Latest news with #WhistleblowerProtectionCommittee
The Sun
2 days ago
- Politics
- The Sun
Authorities cannot threaten whistleblowers, Albert Tei urged to report
KUALA LUMPUR: Any individual who comes forward to provide information on any improper conduct cannot be blocked or threatened by any party, including the authorities. Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran said this was because the authorities should protect whistleblowers under the Whistleblower Protection Act 2010 (Act 711). 'I have taken note of Albert Tei's lawyer today, regarding the allegation that Albert Tei had contacted the Malaysian Anti-Corruption Commission (MACC) regarding a corruption scandal but was warned by MACC officers not to appear in public or he would face problems. 'This is a very serious allegation and is completely unacceptable... I would like to advise the individual named Albert Tei to immediately file a report regarding this issue with the Royal Malaysian Police and the MACC Complaints Committee under Section 15 of the MACC Act 2009 (Act 694) by naming the MACC officers involved in the allegation. 'I give full assurance that the MADANI Government will not compromise on issues of threats like these, and that stern action will be taken if the allegation is found to be true,' he said when winding up the debate on the Whistleblower Protection (Amendment) Bill 2025 in Parliament on Tuesday (July 22). The bill was later passed with a majority of votes in agreement after being debated by 24 Members of Parliament (MPs). During the debate on the bill, several MPs raised the issue of a media report today regarding a statement by Albert Tei's lawyer, Mahajoth Singh, who claimed that his client was warned by the MACC not to come forward before he exposed the mining scandal in Sabah. Regarding the Whistleblower Protection Committee in the amendment to the bill, Kulasegaran said the government would ensure that the committee's membership was free from conflicts of interest and of a high calibre. He said that among the proposed members would be parties with knowledge and expertise in the aspect of whistleblower protection, including non-governmental organisations (NGOs) or civil society organisations (CSOs), as well as academic experts. 'This will ensure independence, transparency, no conflict of interest, and checks and balances in the implementation of the committee. 'This Whistleblower Protection Committee is a stop-gap measure only, temporarily until a central agency is established, namely the Ombudsman Malaysia, which will take over the functions and duties of this committee with additional powers, including receiving complaints from whistleblowers covering improper and harmful conduct. 'The Ombudsman Malaysia will also monitor the results of investigations carried out by this enforcement agency, and any reporting to Parliament is very welcome for transparency purposes and will be implemented when the central agency is established,' he said, adding that standard operating procedures, including timelines will be detailed and set during the establishment of the Ombudsman Malaysia. Earlier, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said when tabling the bill for the second reading said that the Whistleblower Protection Committee is responsible for obtaining and coordinating statistics and data related to disclosures and complaints received by enforcement agencies. She said, however, that all statistics, data or information submitted to the committee cannot include any confidential information protected under Section 8, to ensure that there is no information leakage issue. 'This directly guarantees that the identity of the whistleblower remains protected as provided for in Section 6 of this act, thus ensuring that public confidence in the whistleblower protection system continues to be maintained,' she said. She added that statistics showed that from 2011 to 2023, a total of 74,614 complaints related to improper conduct were received and investigated, while 1,139 people were recognised as whistleblowers and given protection. The session continues today. - Bernama
The Sun
2 days ago
- Politics
- The Sun
MPs push for independent whistleblower commission in Malaysia
KUALA LUMPUR: The government should consider establishing an independent commission to protect whistleblowers and provide a secure and lawful reporting avenue, particularly when the agency tasked with handling such reports is itself involved in misconduct. Bentong MP Young Syefura Othman said that while she welcomed the amendments to the Whistleblower Protection Act, including a new provision allowing agencies to maintain protection in the public interest, she believed they remained insufficient without monitoring from an independent body. 'I commend amendment 11(1A), which allows agencies to exercise discretion in maintaining protection if the disclosure provides significant benefits to the public interest. This is in line with internationally practised principles of good faith and public interest. 'However, in my view, this discretion is not enough if it lies solely with the enforcement agencies. Any case must be referred to an independent body, as mentioned earlier,' she said during the debate on the bill in the Dewan Rakyat on Tuesday (July 22). Earlier, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the Whistleblower Protection (Amendment) Bill 2025 for its second reading at the sitting. The bill, among others, seeks to establish a Whistleblower Protection Committee to obtain statistics and data related to disclosures and complaints received by enforcement agencies under the act. Wan Ahmad Fayhsal Wan Ahmad Kamal (PN–Machang) said he was of the view that the establishment of a Whistleblower Protection Committee, with its members appointed by ministers, did not guarantee independence or effectiveness as it had no review or enforcement powers. 'Many whistleblowers still face pressure and threats. Malaysia needs a comprehensive protection mechanism not only for the public sector or corruption cases, but also in cases involving sexual exploitation, abuse of power by enforcement authorities and corporate elites. 'Protection should also extend to disclosures made to the media, non-governmental organisations (NGOs) or MPs if the whistleblowers do not trust the official agency. We must also ensure that whistleblowers in cases involving sexual harassment, political or corporate abuse are protected without prejudice,' he said. He also cited the approach taken by several foreign countries, including the United Kingdom and the United States, which allow whistleblowers to report to the media or Congress without having to go through internal departmental channels, provided the disclosures are made in good faith. Meanwhile, Wong Chen (PH–Subang) proposed that the minister appoint four committee members, comprising academics, representatives from the Malaysian Bar Council, and an NGO representative. 'In other countries such as the United Kingdom, France and Sweden, whistleblowers are given the option to report to the media if no action is taken by the authorities. We must amend our laws to protect those who have the courage to come forward and provide information to the media,' he said. - Bernama
BusinessToday
2 days ago
- Politics
- BusinessToday
PSmall Change, Big Impact, Whistleblower Act Amendment Passed In Parliament
The Dewan Rakyat today passed the Whistleblower Protection (Amendment) Bill 2025, marking a landmark legislation, which amends the Whistleblower Protection Act 2010 (Act 711), which is expected to significantly strengthen safeguards for individuals who report improper conduct, particularly in cases involving public interest. 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. Related
Barnama
2 days ago
- Politics
- Barnama
MPs Call For Independent Commission To Protect Whistleblowers
KUALA LUMPUR, July 22 (Bernama) -- The government should consider establishing an independent commission to protect whistleblowers and provide a secure and lawful reporting avenue, particularly when the agency tasked with handling such reports is itself involved in misconduct. Bentong MP Young Syefura Othman said that while she welcomed the amendments to the Whistleblower Protection Act, including a new provision allowing agencies to maintain protection in the public interest, she believed they remained insufficient without monitoring from an independent body. 'I commend amendment 11(1A), which allows agencies to exercise discretion in maintaining protection if the disclosure provides significant benefits to the public interest. This is in line with internationally practised principles of good faith and public interest. 'However, in my view, this discretion is not enough if it lies solely with the enforcement agencies. Any case must be referred to an independent body, as mentioned earlier,' she said during the debate on the bill in the Dewan Rakyat today. Earlier, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the Whistleblower Protection (Amendment) Bill 2025 for its second reading at the sitting. The bill, among others, seeks to establish a Whistleblower Protection Committee to obtain statistics and data related to disclosures and complaints received by enforcement agencies under the act. Wan Ahmad Fayhsal Wan Ahmad Kamal (PN–Machang) said he was of the view that the establishment of a Whistleblower Protection Committee, with its members appointed by ministers, did not guarantee independence or effectiveness as it had no review or enforcement powers. 'Many whistleblowers still face pressure and threats. Malaysia needs a comprehensive protection mechanism not only for the public sector or corruption cases, but also in cases involving sexual exploitation, abuse of power by enforcement authorities and corporate elites. 'Protection should also extend to disclosures made to the media, non-governmental organisations (NGOs) or MPs if the whistleblowers do not trust the official agency. We must also ensure that whistleblowers in cases involving sexual harassment, political or corporate abuse are protected without prejudice,' he said.
New Straits Times
2 days ago
- Politics
- New Straits Times
Whistleblower identities to remain confidential under new committee, govt assures
KUALA LUMPUR: The government will not compromise on protecting whistleblowers' identities under the amended Whistleblower Protection Act, which includes a soon-to-be-formed Whistleblower Protection Committee. Minister in the Prime Minister's Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said said any information submitted to the committee will not include confidential details, in line with Section 8 of the Act, which stipulates the prohibition on the disclosure of such information, including a whistleblower's identity, except under limited legal circumstances. She also said the safeguard is essential to prevent any risk of information leakage and to ensure that the identity of whistleblowers remains protected as stipulated under the law. "With the amendment, the committee will be responsible for ensuring more systematic coordination and monitoring of the overall implementation of this act. "The committee will also be tasked with gathering and coordinating statistics and data related to disclosures and complaints received by enforcement agencies, to ensure the effectiveness of the act can be continuously monitored. "Any statistics, data or information submitted to the committee must not include any confidential information protected under Section 8 of this act, to prevent any risk of information leakage. "This, in turn, provides assurance that the identity of whistleblowers remains protected as stipulated, thereby ensuring its effectiveness," she said during the tabling of the second reading of the Whistleblower Protection (Amendment) Bill 2025 in Dewan Rakyat, today. She also said the committee chairperson and members will be appointed by the minister. She added that with the establishment of the committee, there will also be a more focused entity to assess the effectiveness of the act through the data and statistics obtained. This will enable more detailed analysis of trends in disclosures of improper conduct, the level of protection provided, as well as any shortcomings in the implementation of the act that require improvement, she said. At the same time, through the amendment, Azalina said specific limits or restrictions on the disclosure of improper conduct will no longer be imposed. As such, she said, misconduct may now be reported to enforcement agencies even if certain restrictions under other written laws had previously limited such disclosures. She added that Malaysian law provides that if a disclosure is made honestly and in the public interest, it may be recognised and protected, even if it involves information that is typically restricted or bound by confidentiality agreements. She also said several countries have implemented more comprehensive whistleblower protection mechanisms to strengthen their effectiveness. "In terms of the disclosure of confidential matters, global approaches in countries such as the United Kingdom, Australia and New Zealand clearly show that public interest considerations serve as the main basis for allowing the release of confidential or otherwise restricted information. "This practice clearly reflects that whistleblower protection must take precedence over confidentiality restrictions when there is significant public interest involved, in line with global best practices aimed at encouraging more individuals to come forward without fear of legal repercussions," she said.
