It’s Not Enough to Speak, But to Speak True: Revisiting the Whistleblower Protection Law in Malaysia

Abstract

This research analyses the gaps and weaknesses in the existing legislative framework for whistleblower protection in Malaysia. The study found two main issues in the Malaysian Whistleblower Protection Act 2010 dealing with the disclosure of wrongdoings. They are the limited disclosure channel and an act of disclosure of information is an offence under other legislation. The protection for whistleblowers becomes vulnerable with the current restraints. Whistleblowing has significantly become one of the critical requirements in society as a medium to curb corruption. By analysing the weaknesses of this Act, the research contributes to the body of knowledge and plays a critical role in proposing to the policymakers for advocating some enhancement in the future for the sake of a whistleblower’s safety. The research adopts doctrinal and qualitative methodology. A content analysis through analytical legal approach is employed by examining the Malaysian existing law. A brief reference analysis is conducted on the United Kingdom Public Interest Disclosure Act 2010 and the Employment Act 1996. Thus, salient improvements of law provisions are recommended to better regulate the existing laws in Malaysia. The findings demonstrate the need for practical strength of amendments to protect the whistleblower due to unpredictable consequences. To date, potential whistleblowers are discouraged from disclosing information if the system is incapable of protecting them from fearing a backlash against them. The proposals suggested changes to the legislation to provide a good practice of guidance in handling concerns of wrongdoings.

Embracing the Corporate Governance and Whistleblowing in Malaysia: A Conceptual Review

“…Section 2 of the WPA 2010 defines the particular enforcement agencies who the whistleblower could report the improper conduct to. Generally, these enforcement agencies include Royal Malaysian Police Force, Malaysian Anti-Corruption Commission, Royal Malaysian Customs Department, Road Transport Department, Immigration Department of Malaysia, Securities Commission and Companies Commission of Malaysia (Che Abu Bakar & Mohamad Mangsor, 2022). From 2019 until 2022, Malaysia's Corruption Perceptions Index (CPI) has fallen from 53 points to 47 points (Transparency International Malaysia, 2022) and of course Malaysians have perceived that most of these enforcement agencies are considered as the most corrupt institutions.…”