KUALA LUMPUR: Various organisations have urged the government to withdraw and review the Freedom of Information Bill 2026, citing restrictive administrative procedures.
In a joint press statement on Monday (July 13), the Centre for Independent Journalism (CIJ), ARTICLE 19, Center to Combat Corruption and Cronyism (C4 Center) and several civil society organisations expressed disappointment with the current version of the bill.
"We acknowledge the government's efforts to implement dedicated federal Freedom of Information legislation. This FOI Bill is regressive, creating restrictive administrative procedure that falls short of international human rights standards and undermines the fundamental principles of the right to information," the statement read.
As currently drafted, the groups said the bill would be ineffective in ensuring that all Malaysians have the right to information as guaranteed by Article 10(1)(a) of the Federal Constitution.
The groups said the bill creates a tightly controlled administrative procedure for requesting information while preserving existing barriers to disclosure.
"A progressive freedom of information law begins with a straightforward principle that all information held by public bodies belongs to the people by default unless there is demonstrable harm and a compelling public interest in withholding it," the statement said.
Instead of creating a right of access with a presumption of maximum disclosure, the bill preserves the Official Secrets Act 1972 in its entirety and excludes any information already protected under other written law, they said.
The statement said all access to information laws recognise legitimate exemptions, but these must be interpreted narrowly and always justified by a demonstrable risk of harm.
"The exemptions in Malaysia's FOI Bill are vague, and capable of shielding categories of government information from public scrutiny, including internal advice, deliberations, commercial interests, and information supplied by third parties," it said.
There is no comprehensive harm test requiring public authorities to demonstrate that disclosure would cause a real, substantial and demonstrable harm before information may be withheld, the groups said.
This means information exposing corruption, abuse of power, environmental harm, threats to public health or the misuse of public funds may remain hidden because it falls within one of the broad exemptions, even where disclosure is in the public interest, they said.
The bill also limits access to information, the statement said.
"Access as stated in the FOI Bill is limited to citizens over the age of 18 years old, is subject to identity verification and requires justification from applicants as to why they want to access the information," it said.
Applicants must also demonstrate a 'proper and tangible interest', and the bill creates criminal liability for those who use information for a purpose different from the one originally stated in their request.
"This will deter journalists, researchers, whistleblowers, civil society organisations and the public from making requests for fear of prosecution," the statement said.
Criminalising the subsequent use of lawfully obtained information undermines meaningful access, discourages legitimate public scrutiny and is fundamentally incompatible with the principles of open government and freedom of expression, it added.
The groups also flagged Clause 22 of the bill, which declares that nothing in the Act shall be construed as constituting a fundamental liberty under Part II of the Federal Constitution.
This clause seeks to prevent the legislation from being relied upon to support the constitutional interpretation of fundamental liberties, including the right to freedom of expression and the right to information, they said.
"Clause 22 raises concerns regarding the separation of powers and judicial independence by seeking to limit the courts' ability to interpret constitutional rights in light of the Act," the statement said.
Any progressive FOI law should strengthen constitutional democracy by recognising that the right to information is an indispensable component of the freedoms guaranteed under the Federal Constitution, particularly freedom of expression under Article 10(1)(a), they said.
Meaningful expression is impossible without the right to seek, receive and impart information held by public authorities, which is necessary for public discourse, good governance and participation in democracy, the statement added.
"We call upon the government to withdraw the Bill and to refer it instead to a Parliamentary Special Select Committee for comprehensive clause-by-clause scrutiny involving civil society organisations, media representatives, academics, the legal profession and all relevant stakeholders," the statement said.
"Malaysia deserves legislation that reflects international standards and good practices and fulfils the government's own reform commitments," it said.
On Monday, the bill was tabled for the first reading in the Dewan Rakyat by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
The bill is scheduled for its second and third readings during the current Dewan Rakyat meeting.
