KUALA LUMPUR: The Freedom of Information (FOI) Bill 2026 will likely not require a constitutional amendment and could be passed by a simple majority in the Dewan Rakyat, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department (Law and Institutional Reform) said this was her personal view, while acknowledging that aspects of the Bill were still being reviewed by the Parliamentary Special Select Committee (PSSC).
Azalina noted that the committee was weighing differing legal perspectives, including the Attorney-General's Chambers' view that a constitutional amendment was required, alongside counterarguments from constitutional experts.
"Meanwhile, there are differing views from constitutional experts that said a constitutional amendment was not needed, so these are the things that we have to look at," she said during a national town hall on the FOI Bill at Parliament on Monday (Sept 28).
Azalina explained that the town hall enabled PSSC members to hear public feedback, particularly from younger Malaysians, while identifying potential weaknesses in the draft legislation.
She said the committee would reconvene to review the concerns raised, adding that it was too early to confirm whether the Bill would be tabled during the upcoming parliamentary session.
Azalina stressed that the proposed law must genuinely facilitate public access to government documents rather than impose restrictive hurdles.
"We must make sure that if there is an FOI Bill, it must provide freedom to information," she said. "If an FOI Bill prohibits everything from the outset, then we might as well have not made the Bill in the first place."
She added that the legislation must safeguard media freedom as a fundamental pillar of democracy, enabling journalists to carry out their duties effectively.
The committee is also examining whether an ombudsman or internal regulator is necessary to oversee the request process, while balancing public access with legitimate government confidentiality interests.
The FOI Bill was tabled for its first reading in the Dewan Rakyat on July 13 before being referred to the PSSC following concerns from civil society groups regarding international standards.
