Whistleblowers will not be protected if they go to media first - Azalina

Summary

• There are no plans to amend the Whistleblower Protection Act to allow whistleblowers to inform the media first before lodging a report with the relevant agency.

• Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said says whistleblowers must first go to an enforcement agency.

• She explains the agency will then determine if the information is essential and justify the protection.

PARLIAMENT | There are no plans to amend the Whistleblower Protection Act 2010 (Act 711) to allow whistleblowers to go to the media before lodging a report with enforcement authorities.

Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said told the Dewan Rakyat today that going to an enforcement agency must be the first step for whistleblowers.

This is so that the agency can determine if the information given is essential and whether it should be classified under an older case or whether a new case should be opened, she explained.

"When we go to an enforcement agency as a whistleblower wanting protection, the enforcement agency will provide the justification (for the protection).

"This means, they (the whistleblower) cannot go to the public domain and then afterwards want protection," she said.

Azalina was responding to DAP's Teresa Kok (Harapan-Seputeh), who asked about the whistleblower in Malaysiakini's exposé of corrupt assemblypersons in Sabah.

The said whistleblower, a businessperson, had released a series of videos implicating assemblypersons supposedly in discussions about bribes to facilitate an application for a mining exploration licence.

Sabah Chief Minister Hajiji Noor dismissed the allegations as attempts to destabilise the state government and tarnish its reputation.

Last month, MACC chief commissioner Azam Baki said the investigation into the scandal has been completed and the investigation papers have been submitted to the deputy public prosecutor.

Proposed amendments

Azalina told the Dewan Rakyat that other countries allow whistleblowers to go to the press if the enforcement agency has not acted on the report made.

This occurs within a stipulated time frame, such as 90 days, she said.

"But in our country, we are not there yet. That is why in my answer earlier about this amendment we're doing, it's a periodic amendment.

"(We are going) step by step," she said.

She also said whistleblowers do not always provide their information in good faith as some do it due to personal issues or dissatisfaction.

She added that the proposed amendments to the Whistleblower Protection Act will be brought to the cabinet at its next meeting and will hopefully be presented to the Dewan Rakyat in this sitting.

The proposed amendments include:

• Section 6: to prevent conflict with other existing laws;

• Section 11: to extend protection to informants if the information was given in good faith without involving personal interests;

• Preventing contradictions in Sections 8 and 14 through new provisions to ensure that enforcement agencies can conduct investigations effectively and efficiently;

• The introduction of a standard reward scale to incentivise informants;

• Expanding witness protection under the Witness Protection Act 2009 to whistleblowers; and

• The establishment of a task force as part of transitions to a centralised agency to strengthen governance regarding whistleblower protections.

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