Amendments and improvements to the Whistleblower Protection Act 2010 (Act 711) are expected to provide greater scope for members of the public to report wrongdoing, including cases where the disclosure has already occurred.
Under the proposed changes, individuals who voluntarily provide evidence or information to third parties, such as the media, may also be afforded protection.
Currently, Act 711 requires whistleblowers to report misconduct to authorities first, and defines a whistleblower as someone who:
- reports wrongdoing to enforcement agencies
- is not involved in the act
- provides information that is credible and voluntary
- follows legal reporting channels
Commenting on the proposed changes, Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC), Tan Sri Azam Baki, clarified that the law would not protect individuals involved in the reported crimes.
“I expect the law will remain the same for those implicated in criminal activity—they will not be protected,” he said.
Azam added that the new amendments may allow some flexibility regarding disclosures. Currently, if a whistleblower’s information is made public, their protection may be revoked. The revised act could potentially maintain protection even after disclosure.
“Other updates may include the introduction of incentives for whistleblowers,” he said during an appearance on the BH podcast Borak Harini.
Azam further explained that MACC, together with the Legal Affairs Division of the Prime Minister’s Department, led by Minister Datuk Seri Azalina Othman Said, is among the secretariat agencies overseeing the proposed revisions.
Clarifying definitions
When asked about high-profile cases like Albert Tei and Badrul Hisham Shaharin (Chegu Bard), Azam emphasized differences in classification:
- Chegu Bard is considered a complainant, not a whistleblower. He reported misconduct to the police before making any public statements and was not involved in the wrongdoing.
- Albert Tei, by contrast, was involved in the reported crimes and therefore does not qualify for whistleblower protection under Act 711.
Azam highlighted that MACC had already begun preliminary investigations in such cases before formal complaints were made.
“The key distinction is involvement. A whistleblower must not be implicated in the wrongdoing they report,” he said.
