Watchdog urges swift enforcement of existing amendments to protect good-faith reporting
PETALING JAYA: Transparency International Malaysia (TI-M) has urged the government to ensure that forthcoming amendments to the Whistleblower Protection Act 2010 do not weaken safeguards for genuine whistleblowers, warning that such protections are critical in the fight against corruption.
Its president Raymon Ram said the government should also expedite the commencement and enforcement of amendments already passed this year, cautioning that continued delays undermine public confidence and leave whistleblowers exposed.
He warned that reforms focusing too narrowly on excluding certain individuals could deter good-faith reporting and erode trust in the system.
“Whistleblowers remain one of the most effective mechanisms for uncovering corruption, abuse of power and institutional failure.
“It is important to note that amendments to the Whistleblower Protection Act were already passed this year but have yet to come into force.
“These reforms addressed key weaknesses, including restrictions linked to other laws,” he said in a statement.
Raymon stressed that Malaysia’s obligations under the United Nations Convention against Corruption (UNCAC) are clear.
“Article 33 of UNCAC requires states to protect individuals who report corruption in good faith, while Resolution 10/8 calls for safeguards against retaliation, a reasonable belief standard and the proper application of confidentiality rules,” he noted.
He added that international best practice does not require whistleblowers to be “absolutely innocent”, explaining that protection should instead be assessed based on good faith and public interest, while serious wrongdoing is addressed through the criminal justice system.
“Authorities must retain discretion to protect whistleblowers whose involvement was minor or incidental, without allowing the law to be exploited as a shield against prosecution,” he said.
Raymon also cautioned against over-tightening the Act in ways that could silence insiders with critical information, noting that existing laws already address malicious or false reporting.
“Reforms should focus on encouraging truthful disclosures, not raising barriers that discourage them.
“Genuine whistleblowers must be treated as allies in the fight against corruption, not casualties of delayed or poorly calibrated reform,” he added.
He reiterated the need for clear definitions of whistleblowers, a good-faith reporting standard aligned with UNCAC, strong anti-retaliation and confidentiality safeguards, independent oversight and public education on whistleblower rights.
“These positions are consistent with long-standing calls for reform from Suhakam, the Malaysian Bar and civil society.
“TI-M stands ready to engage constructively with the government to ensure both the immediate enforcement of existing amendments and that future reforms genuinely strengthen whistleblower protection,” he said.
On Dec 16, Prime Minister Datuk Seri Anwar Ibrahim told the Dewan Negara that further amendments to the Whistleblower Protection Act would be tabled in the Dewan Rakyat next year.
He said the proposed changes aim to prevent corrupt individuals and offenders from evading prosecution by claiming cooperation with authorities.
“Protection must not be granted indiscriminately to the extent that criminals or corrupt individuals are portrayed as ‘heroes’ simply because they make disclosures after committing serious offences,” Anwar said.
According to him, the amendments will introduce clear criteria to differentiate genuine whistleblowers from criminals, including those involved in corruption or robbery who attempt to shield themselves under the law.
“These are two entirely different matters that must be clearly separated,” he added.
In July, Parliament passed the Whistleblower Protection (Amendment) Bill 2025, amending the Whistleblower Protection Act 2010 and paving the way for stronger protections for individuals who report misconduct, particularly in matters of public interest.
