Minister of Law: Proposed Amendments to the 2010 Whistleblower Protection Act to be Tabled in Cabinet Next Month | Malaysia


De facto Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar at Dewan Rakyat on October 25, 2021. – Photo by Bernama

KUALA LUMPUR, November 16 – Amendments to the Whistleblower Protection Act 2010 (Act 711) are being considered and assessed by the government and will be presented to Cabinet next month, Datuk said Seri Wan Junaidi Tuanku Jaafar.

The Minister of the Prime Minister’s Department (Parliament and Law), during Question Time in Parliament this morning, revealed seven specific areas of Law 711 that are under review, with a primary focus on the effective protection of whistleblowers .

He explained how 73,545 complaints have been received under the law since 2011, but only 527 of those complainants have received protection under Law 711.

“This is a very small percentage of those who have benefited from protection, and it shows either shortcomings in the application of the law or real weaknesses in its legal framework and its provisions, and this is why we are currently studying changes to the law.

“There are seven issues regarding Law 711 that have been identified as priorities for improvement, including Section 2, Section 6, Section 8, Section 11, all of which are still under review.

“The results of the study and assessments undertaken by a committee overseeing the amendments will then be tabled in Cabinet in December 2021,” he said.

The verifications show that Article 2 of Law 711 involves the method of interpreting its provisions, Article 6 concerning the methods of disclosure of information, Article 8 concerning the protection of confidential information and Article 11 regarding the conditions that would trigger the revocation of whistleblower protection.

Wan Junaidi then highlighted the lack of proper anonymity for whistleblowers from law enforcement agencies or even the alleged perpetrator.

“We want to protect whistleblowers so that they remain anonymous to the people they complain about and to law enforcement agencies.

“This will then force the agents of the agency concerned to be careful not to do anything to the whistleblower. This is the intention of the law, ”he said.

He also agreed that political will is needed to ensure that the appropriate changes are inserted into the improved version of the law.

“Political will is required by government to enforce all systems and agencies, whether dealing with corruption or the abuse of power by government officials or even politicians, it cannot be done without political will.

“We can have all the laws, but without the political will, we will not be able to achieve the goals we are aiming for,” he added.


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