Long Awaited Whistleblower Protection

---

 


On July 22, 2025, the Dewan Rakyat passed the Whistleblower Protection (Amendment) Bill 2025, marking a long-overdue step forward for whistleblower protection in Malaysia.
The Center to Combat Corruption and Cronyism (C4 Center) celebrates this development as a crucial milestone in the country’s anti-corruption journey, following years of persistent advocacy to strengthen safeguards for those who speak out against wrongdoing.
This also marks the first major anti-corruption reform by the Madani government.
Key amendments include:
Section 6: Removal of the proviso that disallows a whistleblower to receive protection if the disclosure is prohibited by written law; and
Section 11: Inserting Section 11(1A), which provides enforcement agencies with discretion to maintain whistleblower protection even if whistleblowers are implicated in wrongdoing.
Secrecy laws no longer a deterrent
The now-removed Section 6 proviso of the Whistleblower Protection Act 2010 (WPA 2010) made it nearly impossible for individuals to report misconduct involving classified or restricted information without risking criminal prosecution, due to laws such as the Official Secrets Act 1972 or Section 203A of the Penal Code.
With this barrier dismantled, whistleblowers can now safely disclose even classified materials, so long as they reasonably believe that wrongdoing has occurred.
When read together with Section 7, whistleblowers shall now be conferred protection, which includes immunity from any criminal liability arising from their disclosure.
This is an immensely important development that could help potential whistleblowers feel safer and more secure in coming forward with their information.
Enforcement agencies granted greater discretion
Section 11(1A) introduces a crucial shift – enforcement agencies now have discretion to maintain protection for whistleblowers even if they are implicated in the wrongdoing they expose. This recognises a long-standing reality – those closest to corrupt systems often have the clearest view of them.
It bears reminding that mandating “clean hands” as a prerequisite for all whistleblowers is an unrealistic expectation, as individuals involved in wrongdoing often possess vital information to reveal corruption.
The recent exposés made by the Sabah whistleblower perfectly illustrate this, with the whistleblower, who exposed a series of videos implicating Sabah assemblypersons in alleged corruption, being the bribe-giver.
Now, enforcement agencies can ensure that whistleblowers are given necessary forms of protection, no matter their level of involvement in alleged wrongdoing.
ADSWhistleblower Protection Committee
Under Section 5A, a “Whistleblower Protection Committee” will be established to “oversee the implementation” of the WPA 2010 and “obtain statistics and data relating to complaints” received by enforcement agencies.
The establishment of this committee will work towards improving the level of coordination between enforcement agencies, especially in helping whistleblowers identify the most effective channel for disclosures.
However, Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M Kulasegaran said the committee is merely a “stop-gap” measure until a Federal Ombudsman office is established, slated for the next parliamentary session.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M KulasegaranNotably, he stated that – upon establishment – the ombudsman will assume the committee’s responsibilities as the primary oversight body over whistleblower protection.
Thus, the government must now set out a clear timeline for the establishment of the ombudsman office, defining clearly to the public its powers, structures, and functions.
C4 Center emphasises that any plan to create an ombudsman office must be one that ensures the body possesses the necessary independence to oversee effective and impartial implementation of the WPA 2010.
Minor concerns still exist
Although these amendments provide a marked improvement to the existing whistleblower protection framework, minor areas of concern still persist. Among them is the government’s refusal to expand disclosure channels beyond enforcement agencies.
This presents a problem, especially in instances where enforcement agencies themselves are implicated in corruption.
Expanding channels to include civil society organisations, MPs, and the media will help to allay these concerns.
The government must also ensure that whistleblowing is facilitated beyond the mere lettering of the law.
Currently, the WPA 2010 fails to place any obligation upon the government to provide or facilitate access to legal, psychological, or social support services for whistleblowers, which must be remedied as well.
A new chapter for whistleblowers
The passing of these amendments marks a historic turning point for whistleblower protection in Malaysia.
We emphasise that these amendments are the result of years of concerted effort by civil society organisations, activists, and academics, who recognised the integral role played by whistleblowers in combating corruption and public malfeasance.
For over a decade, C4 Center has persistently championed reforms to the Whistleblower Protection Act through community engagement, credible research, government consultations, and more, driven by the belief that protecting those who expose corruption is essential to strengthening democratic accountability.
Today, we stand in solidarity with countless whistleblowers – past, present, and future – whose courage deserves the full protection of the law.
We also commend the government, in particular, the Legal Affairs Division of the Prime Minister’s Department (BHEUU), for its leadership in coordinating broad consultations on these reforms.
The inclusive approach of the government and BHEUU in engaging civil society and incorporating key recommendations demonstrates the value of sustained, rakyat-focused policy dialogue and should stand as an example for future efforts towards legislative reform.
This milestone is not the end, but a new beginning. While the door for whistleblowing has been cracked open, much more can and should be done to create a truly safe environment for those who speak out in Malaysia.
Furthermore, numerous other anti-corruption reforms are yet to be passed. C4 Center remains committed to ensuring this next chapter delivers the change Malaysians have long fought for. - Mkini
C4 CENTER is an anti-corruption watchdog and non-profit entity with a mission to foster open government policies, primarily through public sector reform and enhanced citizenship governance.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

---