Strengthening Whistleblower Protection in Malaysia: MACC’s Efforts to Revamp Act 711
Introduction
The Malaysian Anti-Corruption Commission (MACC) is playing a crucial role in reforming the Whistleblower Protection Act 2010 (Act 711), which is currently undergoing stakeholder engagement. MACC Chief Commissioner Tan Sri Azam Baki emphasized the importance of this legislation, stating that the commission is "very involved in this legal reform because we see the necessity and effectiveness of this law for our work."
Key Reforms Under Consideration
Among the key improvements under consideration is enhanced protection for whistleblowers who unintentionally disclose corruption-related information to parties other than the authorities. Currently, whistleblower protection is revoked if the individual is found to have shared information with anyone other than MACC. Azam pointed out that this provision "disqualifies them from protection even if they are willing to provide information to the authorities."
Another area of focus is extending protection to individuals who are compelled to be involved in a case, even if their role is minimal, but still wish to come forward with information. Under the existing law, even the slightest involvement disqualifies them from protection. Azam emphasized the need for amendments to allow exemptions for those willing to provide information to enforcement agencies, especially MACC.
Private Sector Protection
The proposed changes would also enable private sector organizations with their own whistleblower protection programs to be legally safeguarded. Currently, only enforcement agencies have the authority to provide such protection. Azam highlighted the importance of recognizing the valuable contributions of private sector organizations in the fight against corruption, stating, "We are reviewing amendments to allow exemptions for those willing to provide information to enforcement agencies, especially MACC."
Timeline for the Reforms
It is expected that the bill will be tabled in the third parliamentary session this year, at least, that is the hope, according to Azam. This development is a significant step towards strengthening the protection of whistleblowers, who play a crucial role in exposing corruption and promoting transparency and accountability.
Conclusion
The proposed reforms to the Whistleblower Protection Act 2010 (Act 711) demonstrate MACC’s commitment to creating a more effective and efficient framework for protecting whistleblowers. By extending protection to those who unintentionally disclose information and those with minimal involvement, the proposed changes will encourage more individuals to come forward with information, ultimately contributing to a more transparent and accountable society.
Frequently Asked Questions
- What is the current status of the Whistleblower Protection Act 2010 (Act 711)?
The Act is currently undergoing stakeholder engagement. - What are the key reforms being considered for the Act?
Enhanced protection for whistleblowers who unintentionally disclose corruption-related information and extending protection to individuals with minimal involvement. - What is the expected timeline for the bill to be tabled in parliament?
The bill is expected to be tabled in the third parliamentary session this year, at least. - Will private sector organizations with their own whistleblower protection programs be protected under the new Act?
Yes, the proposed changes would enable private sector organizations with their own whistleblower protection programs to be legally safeguarded.