WHISTLEBLOWERS seeking protection under the Whistleblower Protection Act 2010 (Act 711) must channel their disclosures through the proper enforcement agencies and not go straight to the media, says Datuk Seri Azalina Othman Said.
“Many ask why whistleblowers who go to the media end up being charged. The truth is, internationally, whistleblowers must first report to the relevant authorities, not the media.
“This is because those agencies need to verify the authenticity of the information. If disclosures are made straight to the media, it can lead to a ‘trial by media’, where public opinion reaches a verdict before the legal process takes place,” the Minister in the Prime Minister’s Department (Law and Institutional Reform) told the Dewan Rakyat.
Azalina said the upcoming reforms are aimed at preventing abuse of the whistleblower system, safeguarding national security and upholding the rule of law.
“We want to avoid the irresponsible disclosure of sensitive national secrets. The legal process must be respected,” she added.
The Bill to amend the Whistleblower Protection Act was tabled for first reading in the Dewan Rakyat on March 6.
The second reading is scheduled to be carried out today.
The latest amendments include expanded protections under Section 7 of the Act, with specific references to the Witness Protection Act 2009 (Act 696) – allowing whistleblowers facing threats to be considered for additional safeguards such as relocation, new identities or other security measures.
Azalina also revealed that the government plans to establish an independent oversight body under the second phase of its institutional reform agenda to further strengthen whistleblower protection.
Datuk Seri Dr Wee Ka Siong
“There have been calls, including from Ayer Hitam MP Datuk Seri Dr Wee Ka Siong, for the creation of an independent body. Personally, I believe that for these reforms to succeed, they must be accompanied by such a mechanism.
“This will be part of Phase Two, which I hope the government will support. Without it, doubts will continue over the authorities’ sincerity in protecting whistleblowers,” she said.
Dr Wee had earlier questioned whether the government was committed to ensuring that whistleblowers are shielded from executive interference, especially in high-profile cases where the Malaysian Anti-Corruption Commission (MACC) conducts investigations and the Attorney General holds prosecutorial power.
“Is there a plan to set up an independent body or ombudsman to monitor transparency and ensure there is no interference in the process?” Dr Wee asked.
Azalina replied that whistleblowers must be protected not only under Act 711 but also, in serious cases, under the Witness Protection Act 2009.
“It must be a ‘two-in-one’ approach. In high-profile cases, without witness protection, whistleblowers may find it difficult to live their lives. Agencies must assess each case and extend appropriate protection,” she said.
She also confirmed that the final report on the proposed separation of powers between the Attorney General and the Public Prosecutor has been completed and will soon be presented to the Cabinet.
“This separation is essential to ensure prosecutorial decisions are made free from external influence. When combined with Phase Two reforms and amendments to the Act, we hope to strengthen public trust in the system,” she added.
