MACC: Whistleblowers must not publicise information to be disclosed if seeking protection
KUALA LUMPUR: Only those who fulfil set conditions when reporting information about misconduct will be granted protection as informants or whistleblowers, says the Malaysian Anti-Corruption Commission (MACC).
Its senior director (legal and prosecution division) Datuk Wan Shaharuddin Wan Ladin said this is an important aspect the public needs to understand.
He said that although the Whistleblower Protection Act 2010 protects informants against improper retaliation, such protection is only applicable if reports are made through legal procedures to enforcement agencies such as the MACC, the police or relevant government agencies.
"There's a misconception that anyone with information about misconduct can automatically seek protection as a whistleblower. In reality, it's not that simple.
"A common misunderstanding is the belief that informants can publicly disclose information, for example, to the media or on social media, before officially applying for protection. This is incorrect," he told Bernama.
He said that in order to qualify for whistleblower protection, a report must also be made in good faith and not be driven by personal motives such as revenge or defamation.
Additionally, the whistleblower must not be involved in the offence being reported, he added.
Citing Section 11(1) of the Whistleblower Protection Act 2010, he said, protection can be revoked if the whistleblower is found to have participated in the misconduct they exposed.
"This provision is crucial to maintaining the integrity of whistleblowers and to prevent the misuse of protected status as a shield against offences they have committed," he said.
Wan Shaharuddin said that while the law provides legal protection, whistleblowers still face various challenges, including being labelled ass 'complainants' or 'traitors', fears of retaliation and discrimination, and a general lack of public understanding about the legal process for applying for protection.
He said in an effort to encourage more individuals, especially civil servants, to report corruption cases, the government had introduced cash incentives and official recognition for those who report corruption to the MACC since 2011.
He said as of 2024, 514 civil servants had received rewards totalling over RM1mil, with the highest individual reward amounting to RM100,000.
In addition, Wan Shaharuddin said that to further enhance whistleblower protection, the government tabled the Whistleblower Protection (Amendment) Bill 2025 in the Dewan Rakyat on March 6.
"The amendment aims to strengthen protection for whistleblowers who report misconduct, particularly in cases of corruption within both the public and private sectors. It is expected to provide more comprehensive protection to whistleblowers, including protection from harmful actions and immunity from civil or criminal action.
"This amendment is hoped to encourage more individuals to come forward to report misconduct without fear," he said. – Bernama
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