Kuala lumpur: Whistleblowers seeking protection under the Whistleblower Protection Act 2010 (Act 711) are required to channel their disclosures through legitimate enforcement agencies rather than the media.
According to BERNAMA News Agency, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said underscored the necessity of this approach to ensure the authenticity of the information and prevent the risk of exposing state secrets.
“Many people ask why whistleblowers who go to the media can also be seen as among those being accused, but in reality, the procedure does not allow you to go directly to the media,” Azalina stated during a question-and-answer session in the Dewan Rakyat. She elaborated that whistleblowers must report to the responsible agency, which will assess the validity of the information. This measure is crucial to ascertain that state secrets, especially those concerning national security, are not compromised.
Answering a supplementary question from Datuk Seri Dr Wee Ka Siong (BN-Ayer Hitam) about amending the definition of eligible whistleblowers in Act 711, Azalina emphasized the importance of respecting due process. She cautioned against using media platforms to render premature judgments, which could result in a “trial by media” scenario that undermines the legal process.
Azalina also addressed the current status of the Act’s amendment, revealing that the government is in the initial phase of amending the Act. This phase involves setting up a Whistleblower Protection Committee to oversee and gather data related to disclosures and complaints under Act 711. She noted that upcoming amendments aim to enhance Section 6, ensuring that protection remains intact even if disclosures involve confidentiality issues under other laws.
In response to concerns about whistleblower safety in high-profile cases, Azalina assured that Section 8 of Act 711 automatically protects the identity and information of recognized whistleblowers. She highlighted the government’s establishment of an independent system, akin to an ombudsman, to address the challenges whistleblowers face when their disclosures implicate law enforcement agencies.
Azalina further mentioned that whistleblowers involved in misconduct could still receive protection under the Witness Protection Programme, subject to the assessment of law enforcement agencies. Addressing a question from Datuk Seri Takiyuddin Hassan (PN-Kota Bharu) about the whistleblower case in the Sabah mining scandal, Azalina stated she would refrain from detailed comments due to the ongoing nature of the case. She reiterated that legal channels must be pursued for whistleblower protection and expressed hope that forthcoming amendments would bolster the existing protection framework.