On 22 July, the House of Representatives passed the Whistleblower Protection (Amendment) Bill 2025, marking a long-overdue step forward for whistleblower protection in Malaysia.
The Center to Combat Corruption and Cronyism (C4 Center) celebrates this development as a crucial milestone in the country’s anti-corruption journey, following years of persistent advocacy to strengthen safeguards for those who speak out against wrongdoing. This also marks the first major anti-corruption reform by the “Madani” (civil and trustworthy) government.
Key amendments include:
- Section 6: Removal of the proviso that disallows a whistleblower to receive protection if the disclosure is prohibited by written law; and
- Section 11: Inserting Section 11(1A), which provides enforcement agencies discretion to maintain whistleblower protection even if whistleblowers are implicated in wrongdoing
Secrecy laws no longer a deterrent to whistleblowing
The now-removed Section 6 proviso of the Whistleblower Protection Act 2010 (WPA) made it nearly impossible for individuals to report misconduct involving classified or restricted information without risking criminal prosecution – due to laws such as the Official Secrets Act 1972 or Section 203A of the Penal Code.
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With this barrier dismantled, whistleblowers can now safely disclose even classified materials, so long as they reasonably believe that wrongdoing has occurred.
When read together with Section 7, whistleblowers shall now be conferred protection which includes immunity from any criminal liability arising from their disclosure. This is an immensely important development that could help potential whistleblowers feel safer and more secure in coming forward with their information.
Enforcement agencies granted greater discretion to confer protection
Section 11(1A) introduces a crucial shift – enforcement agencies now have discretion to maintain protection for whistleblowers even if they are implicated in the wrongdoing they expose. This recognises a longstanding reality – those closest to corrupt systems often have the clearest view of them.
It bears reminding that mandating ‘clean hands’ as a prerequisite for all whistleblowers is an unrealistic expectation as individuals involved in wrongdoing often possess vital information to reveal corruption.
The recent exposés made by the Sabah whistleblower perfectly illustrates this, with the whistleblower – who exposed a series of videos implicating Sabah assembly members in alleged corruption – being the bribe-giver.
Now, enforcement agencies can ensure that whistleblowers are given necessary forms of protection, no matter their level of involvement in alleged wrongdoing.
Questions around newly established ‘whistleblower protection committee’
Under Section 5A, a “whistleblower protection committee” will be established to “oversee the implementation” of the WPA and “obtain statistics and data relating to complaints” received by enforcement agencies.
The establishment of this committee will work towards improving the level of coordination between enforcement agencies, especially in helping whistleblowers identify the most effective channel for disclosures.
However, the Deputy Minister in the Prime Minister’s Department for law and institutional reform, M Kulasegaran stated that the committee is merely a “stop-gap” measure until a federal ombudsman’s office is established, slated for the next parliamentary session.
Notably, he stated that – upon establishment – the ombudsman will assume the committee’s responsibilities as the primary oversight body over whistleblower protection.
Thus, the government must now set out a clear timeline for the establishment of the ombudsman’s office, defining clearly to the public its powers, structures and functions.
C4 Center emphasises that any plan to create an ombudsman’s office must be one that ensures the body possesses the necessary independence to oversee effective and impartial implementation of the WPA.
Minor concerns still exist
Although these amendments provide a marked improvement to the existing whistleblower protection framework, minor areas of concern still persist.
Among them is the government’s refusal to expand disclosure channels beyond enforcement agencies. This presents a problem, especially in instances where enforcement agencies themselves are implicated in corruption. Expanding channels to include civil society organisations, MPs and the media will help to allay these concerns.
The government too must ensure that whistleblowing is facilitated beyond the mere lettering of the law. Currently, the WPA fails to place any obligation upon the government to provide or facilitate access to legal, psychological or social support services for whistleblowers, which must be remedied as well.
New chapter for whistleblowers
The passing of these amendments marks a historic turning point for whistleblower protection in Malaysia.
We emphasise that these amendments are the result of years of concerted effort by civil society organisations, activists and academics who recognised the integral role played by whistleblowers in combatting corruption and public malfeasance.
For over a decade, C4 Center has persistently championed reforms to the WPA – through community engagement, credible research, government consultations and more – driven by the belief that protecting those who expose corruption is essential to strengthening democratic accountability.
Today, we stand in solidarity with countless whistleblowers – past, present and future – whose courage deserves the full protection of the law.
We also commend the government – in particular, the legal affairs division of the Prime Minister’s Department – for its leadership in coordinating broad consultations on these reforms.
The inclusive approach of the government and the division in engaging civil society and incorporating key recommendations demonstrates the value of sustained, people-focused policy dialogue and should stand as an example for future efforts towards legislative reform.
This milestone is not the end, but a new beginning. While the door for whistleblowing has been cracked open, much more can and should be done to create a truly safe environment for those who speak out in Malaysia.
Furthermore, numerous other anti-corruption reforms are yet to be passed.
C4 Center remains committed to ensuring this next chapter delivers the change the people of Malaysia have long fought for. – C4 Center
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