'Report graft to MACC, PDRM first – not social media – to be entitled for whistleblower protection'
THE issue of whistleblower protection has recently become a topic of public attention, especially in the context of combating corruption.
Unfortunately, there is widespread misunderstanding among the public regarding who qualifies for protection and the procedures that must be followed.
Some believe that anyone with information about misconduct can apply for protection as a whistleblower but the reality is not that simple. Malaysia has specific legislation to protect whistleblowers from unfair retaliation, namely the Whistleblower Protection Act 2010.
However, this protection is subject to certain conditions and procedures to ensure its effectiveness and prevent abuse.
A common misconception is the belief that whistleblowers may disclose information publicly – such as to the media or social media – before applying for protection. This is incorrect.
Under the law, information regarding misconduct must first be reported to an enforcement agency. If someone discloses the information publicly before making an official report, it may compromise their identity and the validity of the disclosed information.
There is also the risk that such information may not be verified or could be misinterpreted, ultimately damaging the credibility of the case. Additionally, enforcement agencies cannot provide protection to whistleblowers who have 'exposed' themselves before making a formal report.
Criteria for protection
To obtain whistleblower protection, an individual must meet several conditions. Firstly, the report must be made to a legitimate enforcement agency such as the Malaysian Anti-Corruption Commission (MACC), Royal Malaysia Police (PDRM) or other relevant government bodies.
Secondly, the report must be made in good faith and not out of malicious intent such as revenge or defamation.
Another key condition is that the whistleblower must not be involved in the reported misconduct.
Section 11(1) of the Whistleblower Protection Act 2010 clearly states that protection may be revoked if the whistleblower is found to be complicit in the misconduct disclosed. This is to maintain the integrity of the whistleblower and prevent abuses t the protection status as a 'shield' to cover up their own wrongdoing.
Challenges encountered
Despite existing laws, whistleblowers often face challenges in upholding the truth. Among them, whistleblowers are often labelled as 'informers' or 'traitors', especially if the offence involves their employer or organisation.
Additionally, despite legal protections, there remains concern about threats or discrimination they may face directly or indirectly. In fact, many still do not understand the legal procedures to become a whistleblower and how they can apply for protection legally.
The process for applying for whistleblower protection is clearly stipulated. An individual must report directly to a government enforcement agency such as MACC or PDRM.
Once the report is received and meets the criteria set out in the Act, the whistleblower will be granted protection guaranteed by law. Forms of protection provided include:
Confidentiality of identity: The whistleblower's identity will be kept completely confidential and will not be disclosed to any party, including during court proceedings.
The whistleblower's identity will be kept completely confidential and will not be disclosed to any party, including during court proceedings. Legal immunity: The whistleblower is protected from civil, criminal or disciplinary action related to the report made.
The whistleblower is protected from civil, criminal or disciplinary action related to the report made. Protection against retaliation: Any retaliation such as dismissal, discrimination or intimidation as a result of the report is strictly prohibited.
Any retaliation such as dismissal, discrimination or intimidation as a result of the report is strictly prohibited. Protection for related individuals: Besides the whistleblower, protection is also extended to family members or individuals closely related to the whistleblower if they face risks due to the disclosure.
Social responsibility, incentives
As a responsible society, we must understand the role and responsibility of reporting corruption. Section 25 of the MACC Act 2009 stipulates that anyone who knows of the giving, receiving or offering of a bribe but fails to report it can be fined up to RM100,000 or imprisoned for up to 10 years, or both.
Additionally, the government has since 2011 introduced cash reward incentives and recognition for civil servants who report corruption to MACC. These rewards are given based on the value of the corruption involved when their reports or complaints result in convictions in court.
As of 2024, a total of 514 civil servants have received rewards exceeding RM1 mil under this incentive programme with the highest reward of RM100,000 given to a public officer for reporting corruption.
The whistleblower protection law is an important tool in efforts to combat corruption and misconduct in this country.
It provides confidence to legitimate whistleblowers to come forward without fear of retaliation. However, the existing Act still has weaknesses that need improvement to ensure more effective protection.
Legal reform
The Whistleblower Protection (Amendment) Bill 2010 (Act 711) was tabled for its first reading in the Dewan Rakyat on March 6. This amendment aims to further strengthen protection for whistleblowers who report misconduct, particularly in the public and private sectors involving corruption.
It is expected to provide more comprehensive protection for whistleblowers, including protection against harmful actions and immunity from civil or criminal proceedings. This amendment is hoped to encourage more individuals to report misconduct without fear.
Recently, the MACC and Transparency International Malaysia (TI-M) expressed full support for efforts to improve this Act during a courtesy visit by TI-Malaysia president Raymon Ram to MACC chief commissioner Tan Sri Azam Baki.
Awareness about the role, responsibilities, and protection of whistleblowers must be raised in society. The misconception that anyone can apply for protection without fulfilling the required conditions must be corrected to prevent misuse and abuse of the law.
As concerned citizens, we must understand that whistleblowers play a critical role and that all support should be given to expose misconduct and uphold the integrity of institutions.
With robust laws and public awareness of their responsibilities, efforts to combat corruption in Malaysia can be more effectively implemented. – June 20, 2025
Datuk Wan Shaharuddin Wan Ladin is the Malaysian Anti-Corruption Commissions' (MACC) senior director (legal and prosecution division).
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
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