Proposed freedom of information law must reflect M'sia's reality: Expert

Malaysia can learn from international best practices on freedom of information but it must design its own law based on local sensitivities and political structure, an expert said.

Geostrategist and Senior Fellow at the Nusantara Academy of Strategic Research Azmi Hassan, citing freedom of information laws in the United States and United Kingdom, said Malaysia could adopt core principles while applying suitable limitations.

“In the US, anyone - citizen or non-citizen - can request government information. I don’t think that model works for us.

Freedom of information in Malaysia should be limited to citizens only,” he told Bernama, commenting on the proposed Freedom of Information Act in Malaysia.

Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman Said reportedly said that the government's decision regarding the drafting of the Act reflects the transparency of a government that upholds the principle that every citizen should have the right to seek, receive and provide information through any medium or platform.

She said in the context of Malaysia, the government's primary goal is to ensure the public has access to authentic information that is more open and transparent from government sources, as this indirectly helps the public to be involved in the process of making the country's policies.

Azmi (above) said such a law must be introduced cautiously to ensure it balances transparency with national harmony.

“Whether we are ready or not is a big question. It’s not just about transparency, it’s also about managing expectations and protecting national harmony,” he said.

He added that a well-designed Act would boost Malaysia’s international image.

“Any country with a freedom of information law is seen as empowering its citizens. Malaysia could benefit from that - but we must do it our way,” he said.

OSA in the way

Supporting the initiative, lawyer and former Selangor Bar chairperson V Kokila Vaani said the Official Secrets Act 1972 (OSA) remains a major obstacle to transparency.

“Despite state-level freedom of information laws in Penang and Selangor, the OSA still holds immense power in restricting access,” she said.

Kokila stressed that a meaningful freedom of information law must include an independent oversight body and be accompanied by reforms to secrecy laws.

“Countries with strong freedom of information frameworks tend to score better on the Corruption Perceptions Index (CPI). If Malaysia is serious about fighting corruption, a robust freedom of information framework is essential,” she said.

She also emphasised the importance of changing institutional mindsets and increasing public awareness.

“It’s not just about passing the law. If the culture of secrecy persists, even the best such law will struggle to be effective,” she said.

“There must be a nationwide awareness campaign so the public understands their rights.”

- Bernama

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