This comes after the controversy surrounding Malaysian Anti-Corruption Commission (MACC) chief Azam Baki and the report filed by Negeri Sembilan police against a blog, Edisi Siasat for alleging that police were behind the theft of RM600,000 after a cigarette smuggling syndicate was busted in 2020.
However, there appear to be misconceptions about what whistleblowing actually is and the circumstances surrounding it in Malaysia.
What is whistleblowing?
Whistleblowing is the term used when a person discloses information about any wrongdoing that occurs in the public or private sectors, such as fraud, corruption and abuse of power.
Cynthia Gabriel, executive director of the Center to Combat Corruption and Cronyism (C4), said that disclosure can be made internally via other people in the same organisation or externally to regulators and law enforcement agencies.
These authorities and agencies include Bank Negara Malaysia (BNM), MACC, Association of Banks Malaysia (ABM) and the police.
A whistleblower can oftentimes be mistaken for an informant.
Gabriel pointed out that an informant is usually a “mole” or source of inside information who may or may not be paid by an officer of an enforcement agency.
“A whistleblower on the other hand is someone with no prior relationship or interaction with the enforcement agency who comes forward to disclose information,” she said.
History
The first whistleblower in history was Andrey Kurbsky, a Muscovite nobleman who was closely related to the Russian tsar Ivan the Terrible. In 1564, he defected to the Grand Duchy of Lithuania and soon began exposing Ivan’s regime.
The most famous whistleblower from this century was Edward Snowden, a former intelligence contractor for the United States National Security Agency (NSA). In 2013, Snowden revealed the existence of previously highly classified intelligence-gathering surveillance programmes run by the NSA.
Whistleblowing is not new to Malaysia and in 2008 the nation ratified the United Nations Convention Against Corruption, which calls for signatories to consider providing protection against any unjustified treatment of any person who reports any offences to the competent authorities.
This led to the establishment of the Whistleblower Protection Act 2010.
Legal protection
The Whistleblower Protection Act 2010 was enacted to encourage and facilitate disclosure of improper conduct in both the public and private sectors.
There are three limbs of whistleblower protection under the WPA: protection of confidential information; immunity from civil and criminal action; and protection from detrimental action.
“The protection is not absolute,” Gabriel said. Under the law, an enforcement agency can revoke any whistleblower protection.
Among the grounds are that the whistleblower has participated in the improper conduct disclosed, wilfully disclosed information that they knew or believed to be false, and disclosed improper conduct that principally involves the questioning of the merits of a government policy.
Limitations of the law
The act has its limits and makes whistleblowing in Malaysia a dangerous endeavour.
Gabriel said whistleblowers cannot make disclosures on information that fall under secrecy laws such as the Official Secrets Act (OSA) 1972, Capital Markets and Services Act 2007 and Section 203A of the Penal Code.
“There is a lack of independence because the minister has the discretion to direct the enforcement agency’s actions and these agencies are required to comply with such directions,” she said.
She also said there is a natural reluctance to whistleblow because there have been one too many cases of reprisals, retributions, harassments and arrests.
“Unless these limitations are dealt with appropriately by providing whistleblowers with proper protection and channel for disclosure, it is a risky business to divulge information in Malaysia,” she said.