Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina stated that the government has no plans to amend the 2010 Whistleblower Protection Act (Act 711) to provide protection for whistleblowers who disclose information publicly before reporting to enforcement agencies.
She stated that whistleblowers must report to enforcement agencies first and can only receive protection based on specific reasons.
She explained that the unamended Section 6(1) of Act 711 stipulates that anyone who discovers misconduct can report to any enforcement agency, and Section 7(1) provides that after reporting to any enforcement agency, the whistleblower can receive protection.
She cited the recent Sabah corruption scandal video as an example where the whistleblower could not receive protection because they disclosed the information before reporting to enforcement agencies.
“In such cases, the whistleblower cannot receive protection under Section 7(1). Currently, there is no proposal to amend the law to protect those who have disclosed information to the public. Sometimes, whistleblowers may not have good intentions.
“However, if whistleblowers report to enforcement agencies first, they are eligible for protection. The enforcement agency will evaluate whether the information is necessary.”
She responded this way in the lower house of Parliament regarding a question from DAP Member of Parliament for Seputeh, Teresa Kok, on whether whistleblowers would still receive protection if they disclosed information before reporting to enforcement agencies, as in the Sabah corruption scandal video incident.
Regarding the progress of amending Act 711, Azalina noted that the government has so far held over 20 working committee meetings, 5 policy formulation and development seminars, and 6 discussions with stakeholders to review the Act.
She added that participating organizations included the Center to Combat Corruption & Cronyism (C4), Transparency International, the Bar Council, and the Civil Society Organizations Platform for Reform.
“The Cabinet is considering several policy suggestions to amend Act 711, including introducing an appropriate standard reward mechanism, simplifying the process for rewarding whistleblowers, and expanding the protection of whistleblowers through the witness protection program under the 2009 Witness Protection Act.”