KUALA LUMPUR – The government has no intention of amending the Whistleblower Protection Act 2010 (Act 711) to offer protection to whistleblowers who make public disclosures before reporting them to enforcement agencies.
Datuk Seri Azalina Othman Said, Minister in the Prime Minister’s Department (Law and Institutional Reform), explained that this decision was made to allow enforcement agencies to properly assess whether the information warrants investigation.
“Whistleblowers seek protection when they approach enforcement agencies, and these agencies will provide the necessary justification,” Azalina said, as quoted by Sinar Harian.
“However, whistleblowers cannot disclose information to the public and then expect protection, as sometimes their motives may not be entirely sincere. That is why the Act requires reports to be made to enforcement agencies first.”
Azalina’s remarks came during the Minister’s Question Time in the Dewan Rakyat on Tuesday, in response to a supplementary question from Teressa Kok (PH-Seputeh) about potential exemptions for whistleblowers disclosing matters of public interest.
The Pengerang MP also indicated that the government is reviewing proposals to allow disclosures to be made to other parties, aiming to encourage more individuals to come forward.
Drawing on international examples, she highlighted that in some countries, the public can disclose information if enforcement agencies fail to take action within 90 days of receiving a report.
“This is to ensure that agencies either investigate the matter or respond to the report,” she explained. “In Malaysia, however, we have yet to adopt this practice, and any amendments will be made gradually, step by step.”
Azalina added that the proposed amendments to Act 711 are expected to be tabled in the Dewan Rakyat soon, following the finalisation of several improvement proposals. – February 4, 2025