Govt tables Bill to form Whistleblower Protection Committee

Summary

• Legal amendments to allow formation of Whistleblower Protection Committee will allow management of enforcement agencies’ powers in extending protection.

• Proposed amendments emphasise that whistleblowers who “wilfully” participated in alleged misconduct are not entitled to protection.

The Bill to amend the Whistleblower Protection Act seeks to establish a Whistleblower Protection Committee whose chairperson and members will be appointed by the government.

According to a copy of the Whistleblower Protection (Amendment) Bill 2025, which was tabled for its first reading in Parliament today, the committee will manage the execution of general powers held by enforcement agencies.

Section 3(1) of the Act currently states that enforcement agencies shall have the “general direction, control, and supervision of all matters relating to whistleblower protection”.

An amendment to the bill proposes that a minister be responsible for appointing a chairperson and up to seven members of a Whistleblower Protection Committee who are deemed “fit and proper”.

The chairperson shall hold office for a term not exceeding three years, after which they can be reappointed.

Clause 6 of the Bill proposes that Section 11(1)(a) of the Act be amended to note that whistleblower protection will be rescinded if the whistleblower “wilfully” participated in the improper conduct disclosed.

Clause 3 of the Bill proposes that the committee also be tasked with obtaining statistics relating to disclosures and complaints received by enforcement agencies.

Any statistics, data, or information submitted to the committee, however, will not include confidential information protected under Section 8 of the Act.

The section stipulates that any person who makes or receives a disclosure of improper conduct, or obtains confidential information while investigating such disclosure, shall not reveal any confidential information.

Meanwhile, Clause 4 of the Bill seeks to amend Section 6(1) of the Act on disclosure of improper conduct by removing the stipulation disallowing claims specifically prohibited by any written law.

The bill is scheduled for its second and third readings in the following Dewan Rakyat meeting, which is expected to commence on June 23.

Going to the media

Previously, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said told the Dewan Rakyat that the Act will not be amended to allow whistleblowers to go to the media before lodging a report with authorities.

Insisting that an enforcement agency must be the first step for whistleblowers, she said this is so that the agency can evaluate if the information provided is essential or related to an older case.

She later assured that as long as whistleblowers comply with the Act, protection will be provided for them regardless of who is incriminated in their claims.

Her assurance came after PSM said whistleblowers go to the media as they fear being silenced, such as when allegations involve high-ranking figures.

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