Latest news with #AzalinaOthmanSaid
The Sun
8 hours ago
- Politics
- The Sun
Whistleblowers must report to agencies first, not media
KUALA LUMPUR: Whistleblowers seeking protection under the Whistleblower Protection Act 2010 (Act 711) must first report to legitimate enforcement agencies instead of going directly to the media, said Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said. She explained that this procedure ensures the authenticity of the information and prevents the risk of exposing state secrets. '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 a Dewan Rakyat session. Azalina stressed that whistleblowers must approach the relevant agency first to verify the information, particularly concerning national security. 'We want to determine that the state secrets are not at the level mentioned by the whistleblowers,' she added. She also warned against 'trial by media,' where premature judgments could undermine legal fairness. 'If a person goes to the media, the public may already decide on the offence, which is unfair to our legal process,' she said. The government is currently amending Act 711, with the first phase involving the formation of a Whistleblower Protection Committee to oversee disclosures and complaints. The second phase will strengthen protections, including confidentiality safeguards under Section 6. Azalina assured that whistleblowers' identities remain protected under Section 8, and an independent ombudsman system will be introduced to handle cases involving law enforcement agencies. She also noted that whistleblowers involved in misconduct may still receive protection under the Witness Protection Programme. When asked about the Sabah mining scandal case, Azalina declined to comment in detail due to ongoing legal proceedings but reiterated that whistleblowers must follow proper legal channels for protection. – Bernama
Malay Mail
9 hours ago
- Politics
- Malay Mail
Azalina: Whistleblowers only get legal protection if they go to authorities, not the media
KUALA LUMPUR, July 21 — Whistleblowers seeking protection under the Whistleblower Protection Act 2010 (Act 711) cannot make direct disclosures to the media; instead, they must first refer to legitimate enforcement agencies. According to Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, the move was important to ensure the information provided is authentic and to avoid the risk of disclosing state secrets. '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. '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 said during a question-and-answer session in the Dewan Rakyat today. She was answering a supplementary question from Datuk Seri Dr Wee Ka Siong (BN-Ayer Hitam) regarding the government's decision to amend the definition of eligible whistleblowers in Act 711 so as not to exclude whistleblowers from protection under the Act. Azalina emphasised that fair legal procedures (due process) must be respected and the media should not be used as a place to pass premature judgement on any party. '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. Responding to Wee's original question about the current status of the Act's amendment, she said the government is currently in the first phase of the amendment, which involves the establishment of a Whistleblower Protection Committee responsible for overseeing, collecting statistics, and data related to disclosures and complaints made under Act 711. She said the amendments to be made for the second reading tomorrow will also involve proposals to improve Section 6 to ensure protection remains valid even if the disclosure touches on confidentiality aspects under other laws. Addressing concerns about the safety of whistleblowers in high-profile cases, Azalina said that in terms of information confidentiality, Section 8 of Act 711 will continue to apply automatically to all individuals recognised as whistleblowers. The identity and information related to the whistleblower are protected and cannot be disclosed without permission. The government also established an independent system like an ombudsman... because sometimes the problem with whistleblowers is when they provide information against law enforcement agencies. 'That is why when we look at the second phase, we really need an independent system called an ombudsman so that the guarantee is established and maintained,' she said. Azalina said that in certain cases, whistleblowers who are also involved in misconduct can still be given protection under the Witness Protection Programme, based on the assessment of law enforcement agencies. Responding to a supplementary question from Datuk Seri Takiyuddin Hassan (PN-Kota Bharu) regarding the whistleblower case in the Sabah mining scandal, Azalina said she would answer in general, as the case is ongoing and she could not comment in detail as it can be seen as sub judice. However, she added that all whistleblowers must go through legal channels to be protected by law and hoped that the amendments to be presented would further strengthen the existing protection system. — Bernama
New Straits Times
9 hours ago
- Politics
- New Straits Times
Azalina: Whistleblowers should follow procedure, not go straight to the media
KUALA LUMPUR: Whistleblowers should report through official channels, not the media, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said warned, saying bypassing procedures risks national security and prosecution. "I want to address something here, many people ask why whistleblowers are prosecuted when they go to the media. "There are procedures in place where whistleblowers should not go directly to the media. The information must first be brought to the responsible agency so that its authenticity can be verified. "One of the reasons for this is to prevent abuse of the system. Secondly, we want to ensure that state secrets are not disclosed by whistleblowers, especially in matters of national security. "It is also to ensure that due legal process is followed. If information is disclosed to the media, it creates a premise of 'trial by media', where the public forms judgments on guilt or wrongdoing and this is unfair to the country's legal system," she said in reply to Datuk Seri Dr Wee Ka Siong (BN-Ayer Hitam) during the oral question-and-answer session in Dewan Rakyat. Wee had asked about the government's decision to amend the definition of eligible whistleblowers under the law, so that restrictive conditions or criteria cannot be used as grounds to exclude them from protection under the Act. Azalina said the government aims to encourage whistleblowers to come forward to the appropriate agencies for assessment. "Wrongdoing is wrongdoing, but there are times when whistleblowers must be given protection. The second premise is to place them under the witness protection programme. "That is the framework we are working towards in handling whistleblower cases in this country," she said. She added that it is the government's responsibility to ensure whistleblower safety is protected under the law. "To uphold this initiative, in terms of confidentiality, Section 8 of the Whistleblower Protection Act 2010 (Act 711) will continue to apply automatically to all individuals recognised as whistleblowers under the Act. "The identity and information relating to whistleblowers are protected and cannot be disclosed without consent, except for investigation or legal proceedings, as clearly stated in the Act," she said.
Barnama
10 hours ago
- Politics
- Barnama
Act 711: Whistleblowers Need To Refer To Legitimate Agencies, Don't Go Straight To Media
KUALA LUMPUR, July 21 (Bernama) -- Whistleblowers seeking protection under the Whistleblower Protection Act 2010 (Act 711) cannot make direct disclosures to the media; instead, they must first refer to legitimate enforcement agencies. According to Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, the move was important to ensure the information provided is authentic and to avoid the risk of disclosing state secrets. '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. "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 said during a question-and-answer session in the Dewan Rakyat today. She was answering a supplementary question from Datuk Seri Dr Wee Ka Siong (BN-Ayer Hitam) regarding the government's decision to amend the definition of eligible whistleblowers in Act 711 so as not to exclude whistleblowers from protection under the Act. Azalina emphasised that fair legal procedures (due process) must be respected and the media should not be used as a place to pass premature judgement on any party. "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. Responding to Wee's original question about the current status of the Act's amendment, she said the government is currently in the first phase of the amendment, which involves the establishment of a Whistleblower Protection Committee responsible for overseeing, collecting statistics, and data related to disclosures and complaints made under Act 711. She said the amendments to be made for the second reading tomorrow will also involve proposals to improve Section 6 to ensure protection remains valid even if the disclosure touches on confidentiality aspects under other laws.
The Star
11 hours ago
- Politics
- The Star
Govt mulling independent oversight body to protect whistleblowers
KUALA LUMPUR: The government will establish an independent oversight body in the second phase of its institutional reform agenda to strengthen whistleblower protection. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said during ongoing reforms to the Whistleblower Protection Act, more needed to be done to ensure public confidence, especially in disclosures involving enforcement agencies. "There have been calls, including from Ayer Hitam MP Datuk Seri Dr Wee Ka Siong, for an independent body. I believe that for these reforms to succeed, they must be accompanied by an independent body. "This will be part of Phase Two, which I hope the government will agree to take forward. Otherwise, people may continue to question whether there is genuine commitment from authorities in protecting whistleblowers," she told the Dewan Rakyat on Monday (July 21). Dr Wee had asked whether the government would commit to ensuring that whistleblowers are not subject to executive interference in high-profile cases, especially given the current structure where the Attorney General decides on prosecution while the Malaysian Anti-Corruption Commission (MACC) investigates. "Is there a plan to set up an independent body or ombudsman to monitor transparency and ensure no interference in the process?" he asked. Azalina stressed that whistleblowers must not only be protected under the Whistleblower Protection Act 2010 (Act 711), but also be eligible for protection under the Witness Protection Act 2009 (Act 696) in serious cases. "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. So, agencies responsible must evaluate and extend witness protection accordingly," she said. Azalina said the second phase of reforms would also look into establishing an ombudsman to provide a credible and independent channel for disclosures. "This is necessary to prevent situations where whistleblowers are reporting wrongdoing within enforcement bodies themselves," she said. She also revealed that a final report on the proposed separation of powers between the Attorney General and the Public Prosecutor has been completed and will soon be presented to the Cabinet. "This separation is vital to ensure there is no external pressure on prosecution decisions. When read together with Phase Two reforms and potential amendments to the Act, it will reinforce public trust in the system," she said. She also addressed public concerns over whistleblowers being prosecuted after going to the media. "Many ask why whistleblowers who speak to the media end up being charged. The truth is, internationally, whistleblowers must first report to the responsible agencies, not the media. "This is because those agencies need to verify the authenticity of the information. If they go straight to the media, it creates a 'trial by media' environment — where public opinion reaches a verdict before the legal process begins," she said. She added that reforms are aimed at preventing abuse of the whistleblowing system, protecting national security, and ensuring due process. "We want to avoid sensitive national secrets being disclosed irresponsibly. The legal process must be upheld," she said. The latest amendments also expand whistleblower protection under Section 7 of the Act by making specific reference to the Witness Protection Act. The Bill to amend the Whistleblower Protection Act has been tabled for the first reading in the Dewan Rakyat on March 6. Second reading is scheduled to be tabled in Parliament on Tuesday (July 22).
