KUALA LUMPUR: Whistleblowers must provide critical information directly to the Malaysian Anti-Corruption Commission (MACC) to receive protection under the Whistleblower Protection Act 2010.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman said this, addressing concerns about the protection of whistleblowers.
She said that while Prime Minister Datuk Seri Anwar Ibrahim had vowed not to shield those involved in corruption, whistleblowers themselves are protected by the law, provided they report through official channels.
However, she clarified that disclosure to the media or other unofficial channels does not qualify for legal protection under the Act.
"There is a dedicated Act for whistleblowers. If someone believes an offence has been committed, they must report it to the appropriate agency, such as the MACC for corruption cases.
"This procedure must be followed. One cannot simply request protection without reporting to a responsible agency," she said in a press conference after attending the KL Forum on International Arbitration 2024 launch ceremony.
The law ensures that whistleblowers' identities remain confidential and protected within the agency's processes, safeguarding them as long as they comply with the established reporting protocol.
Yesterday, Prime Minister Datuk Seri Anwar Ibrahim reaffirmed his zero-tolerance stance on corruption, saying that he would not protect anyone involved in such activities.
He added that this also applies to those involved in corruption who attempt to evade arrest by becoming whistleblowers to expose such activities.
Azalina added that the legal process protects whistleblowers, enabling their testimony if necessary while ensuring their anonymity.
She said that in certain court cases, one individual among a group may act as a prosecution witness, often as part of an agreement to receive a reduced sentence.
"This confidentiality exists between the agency and the whistleblower."
Citing Section 19 of the Sexual Offences Against Children Act, Azalina said similar requirements mandate reporting when someone is aware of abuse.
"If someone is aware of abuse but decides not to report it, or even encourages it, actions will be taken. The same applies to corruption under the MACC Act.
"The Whistleblower Protection Act has clear guidelines and limitations. It's structured to protect whistleblowers who follow legal channels. This is a legal answer."
The MACC, on Saturday, urged the person with video recordings of state assembly members discussing bribes to file an official complaint with the agency.
Its chief commissioner, Tan Sri Azam Baki, said the agency could offer protection under the Whistleblower Protection Act 2010, but the individual would have to come forward and follow due procedures.