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Source : Berita Harian

 

Recently, the issue of whistleblowers has become a public focus, especially in the context of combating corruption. Unfortunately, there is widespread misunderstanding in society about who is eligible for protection and the procedures that need to be followed.

Some believe that anyone with information about misconduct can apply for protection as a whistleblower, but the reality is not that simple.

Our country has specific laws to protect whistleblowers from unfair retaliation, namely through the Whistleblower Protection Act 2010.

However, this protection is subject to certain conditions and procedures to ensure its effectiveness and prevent any abuse.

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

According to the law, information about misconduct must be reported to the enforcement agency first. If someone discloses information to the public before making an official report, it may jeopardize their own identity as well as the validity of the disclosed information.

Additionally, there is a risk that the information has not been verified or could be misinterpreted, which could ultimately damage the credibility of the case involved. In such situations, the enforcement agency cannot provide protection to whistleblowers who have 'exposed' themselves before making a formal report.

To obtain whistleblower protection, individuals must meet several conditions. First, the report must be made to a legitimate enforcement agency such as the Malaysian Anti-Corruption Commission (MACC), the Royal Malaysian Police (PDRM), or other relevant government agencies.

Second, the report must be made in good faith, not for malicious purposes such as revenge or defamation.

Another important condition is that the whistleblower must not be involved in the reported offense. Section 11(1) of the Whistleblower Protection Act 2010 clearly states that protection can be revoked if the whistleblower is found to be involved in the disclosed misconduct.

This is to ensure the integrity of the whistleblower and prevent them from using the protection status as a 'shield' to protect themselves.

The process for applying for whistleblower protection is also clear and orderly. Individuals must report directly to government enforcement agencies such as the MACC.

Once the report is received and meets the criteria set out in the act, the whistleblower will be granted protection guaranteed by law.

Among the forms of protection provided is the complete confidentiality of the whistleblower's identity, which will not be disclosed to other parties, including during court proceedings.

Whistleblowers are also given legal immunity, meaning they are protected from civil, criminal, or disciplinary actions related to the report made.

The individuals involved also receive protection against retaliation. Any retaliation such as dismissal, discrimination, or intimidation as a result of the report is strictly prohibited.

In fact, protection is also given to individuals related to the whistleblower, such as family members or individuals closely associated with the whistleblower, if they face risks due to the disclosure.

In reality, as a responsible society, we need to understand the role and responsibility of reporting corruption crimes.

Section 25 of the MACC Act 2009 stipulates that anyone who knows about the giving, receiving, or offering of bribes but fails to report it can be fined up to RM100,000 or imprisoned for up to 10 years or both.

This means the responsibility of reporting corruption does not only lie with the whistleblower but with anyone who has knowledge of it. Society needs to play an active role in reporting corruption crimes to ensure integrity and accountability are maintained.

Challenges in Upholding the Truth

Although the laws are in place, whistleblowers often face challenges in upholding the truth. Among them, whistleblowers are often labeled as 'complainers' or 'traitors,' especially if the offense involves their employer or the organization they work for.

Additionally, although legal protection is provided, there are still concerns about threats or discrimination they may face directly or indirectly.

In fact, many still do not understand the legal procedures to become a whistleblower and how they can apply for protection legally.

The reality is, whistleblower protection laws are an important tool in the effort to combat corruption and misconduct in this country. It gives individuals the confidence to come forward with information without fear of retaliation.

Furthermore, it helps ensure that the information provided is legitimate, which can be used in the investigation and legal process.

Awareness of the role, responsibility, and protection of whistleblowers needs to be increased in society. The misconception that anyone can apply for protection without meeting the stipulated conditions needs to be corrected to prevent misuse of this law.

As concerned citizens, we need to understand that whistleblowers play an important role in exposing misconduct and ensuring the integrity of institutions is maintained.

Support for them should be provided through proper understanding of protection procedures and collective efforts to encourage courage in reporting crimes.

With strong laws and a society aware of their responsibilities, efforts to combat corruption in this country can be carried out more effectively.

The author is the Director of the Intelligence Division, Malaysian Anti-Corruption Commission (MACC). YBhg Datuk Zainul Darus.

Date of Input: 31/12/2024 | Updated: 31/12/2024 | faiz_suparman