SHAH ALAM - Three civil society organisations are calling on the government to amend Section 6 of the Whistleblower Protection Act (WPA) 2010 to explicitly allow whistleblowers to report misconduct to enforcement agencies, even if other laws impose restrictions.
They said the current provisions did not offer enough protection, leaving whistleblowers vulnerable to retaliation or legal action.
Transparency International Malaysia, Rasuah Busters and Centre to Combat Corruption & Cronyism in a joint statement highlighted the need for legal clarity and stronger safeguards.
"There is an urgent need to remove legal ambiguity in Sections 6 and 11 of the WPA 2010.
"The government must ensure whistleblowers are safeguarded rather than penalised for exposing corruption," the groups said.
According to the statement, Section 6 of the Act allowed whistleblowers to report misconduct, but its application was hindered by conflicting provisions in other laws, such as Section 203A of the Penal Code and the Official Secrets Act 1972.
"The Penal Code criminalises the disclosure of information obtained in the course of one’s duties, while the WPA is meant to allow whistleblowers to report misconduct.
"This contradiction has led to inconsistent enforcement, leaving whistleblowers exposed to retaliation and prosecution," they said.
The groups also criticised Section 11(1)(a) of WPA 2010, which mandates the revocation of whistleblower protection if they were found to have participated in the reported misconduct.
They proposed replacing the word "shall" with "may" in the provision, allowing enforcement agencies the discretion to maintain protection based on the case’s specifics.
The proposed amendments aimed to empower whistleblowers to report improper conduct without fear of legal repercussions, even in cases where other laws may impose restrictions.
"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," they said.
The civil society groups called on Members of Parliament to address these gaps and contradictions in the upcoming amendments to the WPA 2010.
They said by addressing these issues and amending these critical sections, Malaysia will demonstrate a significant step forward in its fight against corruption and commitment to good governance.