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 is her personal view, while acknowledging that aspects of the Bill are still being reviewed by the Parliamentary Special Select Committee (PSSC).
Azalina said the committee is still considering differing legal views, including the Attorney General’s Chambers’ position that a constitutional amendment is required.
“Meanwhile, there are differing views from constitutional experts who said a constitutional amendment was not needed, so these are the things that we have to look at,” she said in a speech at a national townhall hearing on the FOI Bill at Parliament yesterday.
Azalina said the townhall allowed PSSC members to hear public views, including importantly from younger Malaysians, while identifying weaknesses in the existing Bill.
She said the committee would then reconvene to review the concerns raised, adding that it is too early to confirm whether the FOI Bill would be tabled during the upcoming parliamentary session, as the PSSC still has several meetings to complete.
Azalina said the committee is also already aware of public concerns raised over the Bill and would consider them during its review.
To this, she said the proposed Bill must genuinely facilitate public access to government information rather than impose restrictions that undermine its purpose.
“We must make sure that if there is a FOI Bill, it must provide freedom to information.
“If an FOI Bill prohibits everything from the outset, then we might as well have not made the Bill in the first place,” she said.
She said the Bill must also protect media freedom, describing it as part of democratic practice and stressing that journalists must be able to carry out their work.
“For me, part of democracy in a country is to have that freedom of the media and have full ability to do their work,” she added.
She said the committee would also examine whether an ombudsman or internal regulator is needed to oversee the FOI process as well as consider how such mechanisms could operate within its own jurisdiction.
However, she said the FOI Bill’s framework would need to balance the public’s right to information with legitimate government interests that required protection and confidentiality.
Azalina stressed that the government should not proceed with FOI legislation merely for the sake of having an FOI law on paper.
The FOI Bill seeks to establish a formal legal process for the public to request access to official documents and information held by government authorities.
It was tabled for its first reading in the Dewan Rakyat on July 13 before being referred to the PSSC for review.
