MACC moots amending whistleblower act to protect informants involved in cases

Current law disqualifies individuals from protection even if they are only slightly involved

8:37 PM MYT

 

KUALA LUMPUR — The Malaysian Anti-Corruption Commission (MACC) will propose amendments to the Whistleblower Protection Act 2010 to extend protection to informants who may been involved in a case, said Chief Commissioner Tan Sri Azam Baki.

MACC Chief Commissioner Tan Sri Azam Baki said discussions with the Attorney-General are ongoing to update the 15-year-old legislation. 

“Protection should be extended to individuals who, under certain circumstances, are compelled to be involved in a case even if their role is minimal but still wish to come forward with information.

“Under the existing law, even the slightest involvement disqualifies them from protection,” Bernama reported him saying.

“We are reviewing amendments to allow exemptions for those willing to provide information to enforcement agencies, especially MACC,” Azam said after recording the ‘Bicara Naratif’ programme at Wisma Berita RTM here today.

Another possible amendment is protection for informants who unintentionally disclose corruption-related information to parties other than the authorities.

Currently, whistleblower protection is revoked if the individual is found to have shared information with anyone other than MACC.

Azam said the proposed changes would also enable private sector organisations with their own whistleblower protection programmes to be legally safeguarded. 

Currently, only enforcement agencies have the authority to provide such protection.

Azam said legal reforms are needed, and MACC is heavily involved in revising the law because more effective legislation is necessary for the agency’s work.

Stakeholder engagement sessions are  being held on the amendments, he said.

“It is expected that the bill will be tabled in the third parliamentary session this year, at least, that is the hope.”

A query on amending the Act was raised in the Dewan Rakyat earlier this month by Seputeh MP Teresa Kok who asked if protection would be given to individuals who disclose alleged corruption to the media or public before reporting to enforcement agencies.

To this, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on Feb 4 said the government had no plans to do so.

Azalina said this is because whistleblowers who reveal their knowledge about an alleged corrupt act to the public first could have ulterior motives.

This aspect of the law came in for scrutiny recently following a viral video of Sabah assemblymen allegedly discussing bribes. The video was leaked to the media before being reported to the authorities. – February 16, 2025

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