By C4 Center
Over the past decade, several multi-billion ringgit scandals have come to light in Malaysia, the most notable one being the 1MDB scandal.
What many of these cases have in common is the misuse of public institutions and funds, highlighting the vulnerability of government to corruption and abuse of power.
In this, whistleblowers – especially from the civil service – play a crucial role in anti-corruption efforts by sharing evidence of crime and cooperating with law enforcement.
Unfortunately, the existing legal framework for whistleblower protection in Malaysia – governed by the Whistleblower Protection Act 2010 (WPA) – is severely inadequate.
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The threat faced by civil service whistleblowers is particularly acute due to the introduction of Section 203A of the Penal Code, which came into force in 2014. Essentially, this law criminalises the disclosure of information obtained in the performance of public duty.
The broad scope of this law deters would-be whistleblowers in the civil service from coming forward and revealing first-hand knowledge of government corruption and abuse of power.
C4 Center’s “Whistleblower Protection or Suppression?” report explores the difficult relationship between Section 203A of the Penal Code and the WPA.
As will be explored fully in the case studies in this report, it is argued that Section 203A effectively creates legal and practical barriers for whistleblowers to access the protections afforded under the WPA 2010.
The section is frequently used by law enforcement agencies as an intimidation tactic to inculcate a culture of secrecy and instil fear within the civil service and even private sector individuals, casting doubt on the enforcement of anti-corruption laws in Malaysia.
The vague wording of the section makes potential whistleblowers uncertain of their entitlement to legal protection, which further deters them from disclosing instances of corruption.
A comparative study of similar laws from different jurisdictions reveals that mitigating factors are absent in confining the application of Section 203A to its specific purpose.
In huge contrast with our Commonwealth counterparts, Malaysia has a lack of legislative commitment in striking a fair balance between withholding information to protect legitimate interests and encouraging disclosure of information to fight corruption and uphold the public’s right to know.
To address these challenges, this report recommends the following:
- Repeal of Section 203A of the Penal Code
- Amend the WPA
- Enact a right-to-information law
- Amend the Official Secrets Act 1972
When viewed against the backdrop that corruption in Malaysia is endemic, the significance of the whistleblower’s role in exposing corruption and assisting law enforcement agencies only becomes more obvious.
After ten years of Section 203A, it is the high time for Parliament and the government to take initiatives to enhance whistleblower protections as a crucial step in fighting corruption at all levels of society in Malaysia.
Read the full report here. – C4 Center
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
