Article Search By : Mr. Wan Muhammad Isam Wan Ismail, Bahagian Audit Dalam UPM

Article By : Datuk Wan Shaharuddin bin Wan Ladin

Source : https://www.sprm.gov.my/index.php?id=21&page_id=103&contentid=3743&cat=BKH

 

In recent times, the issue of whistleblowing has become a focal point of public discussion, especially in the context of combating corruption. Unfortunately, there remains widespread misunderstanding among the public regarding who qualifies for protection and the procedures involved.

Some believe that anyone possessing information about misconduct can seek protection as a whistleblower. However, the reality is not that simple.

Malaysia has enacted specific legislation to safeguard whistleblowers from unfair retaliation — namely, the Whistleblower Protection Act 2010.

This protection, however, is subject to specific conditions and procedures to ensure its effectiveness and to prevent abuse.

A common misconception is that whistleblowers can publicly disclose information — for example, to the media or on social media — before applying for legal protection. This belief is incorrect.

Under the law, information about misconduct must be reported first to an enforcement agency. If someone discloses such information to the public before making a formal report, they may inadvertently expose their own identity and compromise the credibility of the disclosed information.

Moreover, there is a risk that the information is unverified or could be misinterpreted, ultimately undermining the credibility of the case. In such scenarios, enforcement agencies cannot provide protection to whistleblowers who have already "exposed" themselves prior to lodging a formal report.

 

Criteria for Protection

To be eligible for whistleblower protection, individuals must fulfill certain requirements. First, the report must be made to a legitimate enforcement agency, such as the Malaysian Anti-Corruption Commission (MACC), the Royal Malaysia Police (PDRM), or other relevant government bodies. Second, the report must be made in good faith, and not with malicious intent such as revenge or defamation.

Another key condition is that the whistleblower must not be involved in the misconduct reported. Section 11(1) of the Whistleblower Protection Act 2010 clearly states that protection may be revoked if the whistleblower is found to have participated in the wrongdoing.

This is to preserve the integrity of the whistleblower and prevent misuse of protection status as a shield against personal liability for the same offence.

 

Procedure for Seeking Protection

The process for applying for whistleblower protection is structured and straightforward. Individuals must lodge a report directly with government enforcement agencies such as MACC or PDRM. Once the report is received and meets the criteria outlined in the Act, the whistleblower will be accorded protection under the law.

Among the forms of protection provided are:

• Confidentiality of Identity: The identity of the whistleblower is kept strictly confidential and will not be disclosed, even in court proceedings.

• Legal Immunity: Whistleblowers are protected from civil, criminal, or disciplinary actions related to the report they submitted.

• Protection Against Retaliation: Any form of retaliation, including dismissal, discrimination, or intimidation due to the report, is strictly prohibited.

• Protection for Related Individuals: Protection is also extended to family members or individuals closely associated with the whistleblower if they face risks arising from the disclosure.

 

Challenges Faced

Despite the availability of legal protection, whistleblowers often face significant challenges in upholding the truth. They are frequently labelled as "complainers" or "traitors," especially when the wrongdoing involves their employer or workplace.

In addition, even with legal safeguards, concerns about direct or indirect threats or discrimination still persist. Many people remain unaware of the legal procedures for whistleblowing and how to seek protection legitimately

 

Public Responsibility and Incentives to Report Corruption

As responsible citizens, we must also understand our duty in reporting corrupt practices. Section 25 of the MACC Act 2009 stipulates that any person aware of a bribery offer, receipt, or transaction who fails to report it can be fined up to RM100,000, imprisoned up to 10 years, or both.

Since 2011, the government has introduced cash rewards and formal recognition for civil servants who report corruption to the MACC. These rewards are based on the value of the bribery involved, and are given when the report leads to a conviction in court.

As of 2024, a total of 514 civil servants have received over RM1 million in rewards under this incentive scheme. The highest reward of RM100,000 was given to a public servant for reporting a bribery case.

 

Legal Reform in Whistleblower Protection

Whistleblower protection laws are a vital tool in combating corruption and misconduct in the country. They provide assurance for credible individuals to come forward without fear of retaliation. However, the current Act still has shortcomings that need to be addressed to ensure more effective protection.

At present, the Whistleblower Protection (Amendment) Bill 2025 (Act 711) has been tabled for its first reading in the Dewan Rakyat on 6 March 2025. The proposed amendments aim to further strengthen protection for whistleblowers reporting misconduct, particularly in the public and private sectors where corruption is concerned.

The amendments are expected to provide more comprehensive protection, including safeguards against harmful actions and greater immunity from civil or criminal prosecution. These improvements are hoped to encourage more individuals to step forward without fear.

Recently, the MACC and Transparency International Malaysia (TI-M) expressed full support for these legal reforms during a courtesy visit by TI-M President Raymon Ram to MACC Chief Commissioner Tan Sri Azam Baki at the MACC Headquarters in Putrajaya.

 

Conclusion

Awareness of the role, responsibility, and legal protections for whistleblowers must be enhanced within society. The misconception that anyone can obtain protection without fulfilling legal criteria must be corrected to prevent abuse of the law.

As concerned citizens, we must recognise that whistleblowers play a crucial role, and all necessary support should be given to help expose wrongdoing and uphold institutional integrity. With robust legal frameworks and public awareness of their responsibilities, efforts to combat corruption in Malaysia can be carried out more effectively.

Date of Input: 04/07/2025 | Updated: 24/07/2025 | muhammad.isam