Govt rules out amendments to protect whistleblowers who go public first

KUALA LUMPUR, Feb 4 — The government has no plans to amend the Whistleblower Protection Act 2010 (Act 711) to protect individuals who make public disclosures before reporting to enforcement agencies, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.

Whistleblowers who go public first could also have ulterior motives, she noted in the Dewan Rakyat today.

Azalina was responding to a supplementary question from Teresa Kok (PH-Seputeh) about whether proposed amendments to Act 711 would introduce exceptions for public-interest disclosures, such as the recent viral video case involving corruption allegations in Sabah.

She clarified that for the video concerned, the whistleblower could not be protected under Subsection 7(1) of the act, since the information was disclosed publicly before being reported to authorities.

While Section 6(1) of the act allows whistleblowers to report misconduct to enforcement agencies, protection is only granted when the disclosure is made to an agency first and based on specific justifications, she explained.

Azalina also revealed that over 20 working committee meetings, five development workshops and six engagement sessions have been held with various stakeholders to review the act.

She said those involved, including the Centre to Combat Corruption and Cronyism (C4), Rasuah Busters, Transparency International, the Bar Council and the CSO Platform for Reform, had also provided comprehensive feedback.

“Several policy proposals are being considered by the Cabinet for amending Act 711, including the introduction of a standard reward scale to facilitate the reward process for whistleblowers and expanding physical protection for whistleblowers using the Witness Protection Programme under the Witness Protection Act 2009,” she said. — Bernama