KUALA LUMPUR – Whistleblowers must report misconduct through enforcement agencies – not the media – if they want legal protection under the Whistleblower Protection Act 2010 (Act 711), the government reminded today as it tabled amendments under its institutional reform agenda.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said told the Dewan Rakyat that the legal framework does not allow for direct disclosures to the press.
“Many people ask why whistleblowers who go to the media can also be seen as among those being accused, but in reality, the procedure does not allow you to go directly to the media,” she said during the question-and-answer session.
“Whistleblowers must go to the responsible agency because the agency wants to assess the validity of the information... we want to determine that the state secrets are not at the level mentioned by the whistleblowers, especially on national security issues.”
She added that making disclosures to the media risks creating a “trial by media”.
“If a person, for example, goes to the media, there will be a premise of trial by media, meaning the media has already made a decision, the public has already made a decision about the offence, and this is also unfair to the legal process system in our country,” she said.
Azalina said it was also international practice that whistleblowers do not go straight to the media.
“It is the practice and procedure around the world that whistleblowers cannot go to the media,” she said.
She explained that the policy exists to prevent abuse of the system and to protect national security.
“One of the reasons is also to prevent abuse of the system. Secondly, we want to ensure that state secrets are not mentioned by whistleblowers, especially in matters of national security,” she said.
She was responding to Datuk Seri Wee Ka Siong (Ayer Hitam-BN), who asked about the government’s move to amend the definition of eligible whistleblowers to ensure protection is not denied based on narrow technicalities.
Azalina said the government wants to encourage whistleblowers to come forward to legitimate authorities.
“An offence is still an offence, but there are times when whistleblowers must be given protection. So the second premise is to include them in the Witness Protection Programme. That is the framework we are looking at for whistleblowers in this country,” she said.
She also gave an update on the two-phase plan to strengthen the law. The first phase, which is underway, involves the creation of a Whistleblower Protection Committee to oversee complaints and maintain data on disclosures made under Act 711.
In the second phase, the government is proposing an independent oversight body – possibly an ombudsman – to handle disclosures independently, especially when the complaint involves enforcement agencies.
“There have been calls, including from Ayer Hitam MP Datuk Seri Wee Ka Siong, for an independent body. I believe that for these reforms to succeed, they must be accompanied by an independent body,” Azalina said.
“This is necessary to prevent situations where whistleblowers are reporting wrongdoing within enforcement bodies themselves.”
She also stressed that in serious cases, whistleblowers may be protected under both the Whistleblower Protection Act and the Witness Protection Act 2009 (Act 696).
“It has to be a '2-in-1' approach. In high-profile cases, if no witness protection is granted, it becomes difficult for whistleblowers to carry on with their lives,” she said.
She reassured the Dewan Rakyat that Section 8 of Act 711 remains applicable, automatically protecting the identity and information of any recognised whistleblower.
“The identity and information related to the whistleblower are protected and cannot be disclosed without permission, except for investigation or legal proceedings, as clearly stated in the Act,” she said.
Azalina also clarified that in some cases, whistleblowers who are also involved in wrongdoing may still be eligible for protection under the Witness Protection Programme, depending on the assessment of the relevant enforcement body.
In response to a supplementary question from Datuk Seri Takiyuddin Hassan (Kota Bharu-PN) regarding a whistleblower in the Sabah mining scandal, Azalina said she could not comment in detail as the matter was ongoing and could be sub judice. However, she reiterated that whistleblowers must go through the proper legal channels to be covered by the law.
She added that the amendments to be tabled also include changes to Section 6 to ensure disclosures remain protected even if they involve confidential matters under other legislation.
The bill to amend the Whistleblower Protection Act was tabled for first reading on March 6. The second reading is scheduled for Tuesday (July 22).
Azalina also revealed that the final report on the separation of powers between the attorney-general and public prosecutor has been completed and will be presented to Cabinet.
“This separation is vital to ensure there is no external pressure on prosecution decisions. When read together with Phase 2 reforms and potential amendments to the act, it will reinforce public trust in the system,” she said. – July 21, 2025
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