PETALING JAYA: Civil society groups have warned that Malaysia's proposed Freedom of Information (FOI) Act will fall short of meaningful reform unless it dismantles the government's entrenched culture of secrecy and guarantees access to information as a legal right.
The call was backed by more than 100 organisations and individuals, with 58 groups and 59 individuals endorsing a joint statement issued on Tuesday (June 23).
The statement, issued by the Centre to Combat Corruption and Cronyism (C4 Center), Centre for Independent Journalism (CIJ) and Article 19, said the legislation must be effective, progressive and grounded in human rights, stressing that access to information is fundamental to democracy, public participation and accountability.
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The groups argued that the right to information is intrinsically linked to Article 10(1)(a) of the Federal Constitution, which guarantees freedom of speech and expression.
"Without access to information held by public bodies, the freedom to seek, receive and impart information and ideas cannot be fully realised," they said.
They outlined four non-negotiable elements that should underpin the proposed FOI framework.
First, all information held by public authorities should be presumed public and disclosed by default, with restrictions imposed only on clearly defined and legitimate grounds. Applicants should not be required to justify their requests.
The groups also said exemptions must be narrowly defined and subject to public interest and harm tests.
Laws affecting access to information, including the Official Secrets Act 1972, Section 203A of the Penal Code and the Personal Data Protection Act 2010, should be harmonised with the new legislation.
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Secondly, they said the Act must apply to all Federal Government ministries, departments, agencies and statutory bodies without blanket exemptions.
"Exemptions should only be based on the nature, sensitivity and demonstrable harm of the information, rather than the identity of the public authority holding it," the statement read.
The groups also called for an independent body to oversee implementation of the Act, issue binding decisions on appeals and disputes, and develop guidelines for the FOI regime.
They said the body must be structurally independent and have access to all relevant documents despite existing secrecy laws. The proposed Ombudsman office could assume the role if provided with sufficient funding and manpower, they added.
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The groups further urged the government to establish proactive disclosure mechanisms to ensure information is routinely published and updated, making FOI applications a last resort.
They said the current parliamentary sitting offered the Madani government an opportunity to demonstrate its commitment to reform.
"As Malaysia's democracy matures, the culture of secrecy by default and paternalistic view that 'the government knows best' is no longer tenable.
"To achieve this, the government must work towards a framework that recognises access to information as a right rather than a privilege. It is vital that the government does not waste this chance," they said.
