Effective Changes Needed To Enhance Whistleblower Protection Law

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Civil societies call on the government and MPs to ensure the upcoming amendments to the Whistleblowers’ Protection Act 2010 (WPA 2010) address critical gaps and contradictions that undermine its effectiveness.
1. Legal contradiction must end. Section 203A of the Penal Code and the Official Secrets Act 1972 contradict the current Section 6 of WPA 2010, creating confusion and fear among whistleblowers. While the Penal Code criminalises the disclosure of information obtained in the course of one’s duties, the WPA 2010 supposedly allows whistleblowers to report improper conduct.
This contradiction has led to inconsistent enforcement, leaving whistleblowers exposed to retaliation and prosecution.
2. There is an urgent need to remove legal ambiguity in Sections 6 and 11 of the WPA 2010. We call upon the government to amend the proviso to Section 6 to explicitly permit whistleblowers to disclose misconduct to enforcement agencies, notwithstanding any restrictions imposed by other legislation.
This amendment is crucial to ensuring that whistleblowers are safeguarded rather than penalised for exposing corruption. Furthermore, Section 11(1)(a) unjustly mandates the revocation of protection if a whistleblower is found to have participated in the reported misconduct, failing to consider circumstances where they acted in good faith or demonstrated genuine repentance.
Both amendments are imperative to strengthening whistleblower protections and fostering a legal framework that encourages transparency and accountability
3. Therefore, we propose that the word “shall” in Section 11(1)(a) be replaced with “may”, granting enforcement agencies the discretion to maintain whistleblowers’ protection based on the circumstances of each case.
4. These proposals are not merely technical adjustments to the Act. The amendments are very critical as they will empower whistleblowers to report improper conduct to enforcement agencies, notwithstanding restrictions imposed by other laws, while also ensuring fair and discretionary protection for genuine whistleblowers.
5. By addressing these issues and amending these critical sections, Malaysia will demonstrate a significant step forward in its fight against corruption and its commitment to good governance. - Mkini
TRANSPARENCY INTERNATIONAL MALAYSIA, RASUAH BUSTERS and C4 CENTER are anti-corruption watchdogs.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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