PRESS STATEMENT – TRANSPARENCY INTERNATIONAL MALAYSIA For Immediate Release 16 December 2025
Closing Loopholes Must Not Weaken Protection for Genuine Whistleblowers
Kuala Lumpur – Transparency International Malaysia (TI-M) welcomes the Prime Minister’s announcement that further amendments to the Whistleblower Protection Act 2010 will be tabled in Parliament next year. We agree that the law must prevent abuse by individuals who seek to misuse whistleblower protections to evade accountability.
At the same time, TI-M stresses that any reform must strengthen and not dilute protection for genuine whistleblowers. Whistleblowers remain one of the most effective mechanisms for uncovering corruption, abuse of power and institutional failure. Reforms that focus too narrowly on exclusion risk deterring reporting made in good faith and undermining public trust.
It is important to note that amendments to the Whistleblower Protection Act were already passed this year but have yet to come into force. These reforms addressed key weaknesses, including restrictions linked to other laws. TI-M urges the Government to expedite the commencement and enforcement of these existing amendments, even as further reforms are being considered. Delayed enforcement weakens confidence and leaves whistleblowers exposed in the interim.
Malaysia’s obligations under the United Nations Convention against Corruption (UNCAC) are clear. Article 33 requires States to provide, or incorporate into domestic law, protection against unjustified treatment for individuals who report corruption in good faith and on reasonable grounds. This obligation was further reinforced through UNCAC Resolution 10/8, which calls on States to provide effective protection against retaliation, apply a reasonable belief standard, and ensure that confidentiality rules are not misused to conceal corruption or penalise reporting persons.
International best practice does not require whistleblowers to be “absolutely innocent”. Instead, it recognises that protection should be assessed based on good faith and public interest, while serious wrongdoing is dealt with through the criminal justice system. Authorities must retain discretion to protect whistleblowers whose involvement was minor or incidental, without allowing the law to be exploited as a shield against prosecution.
TI-M cautions against over-tightening the Act in ways that silence insiders with critical information. Existing laws already address malicious or false reporting. The focus of reform should be on encouraging truthful disclosures, not raising barriers that discourage them.
In this context, TI-M reiterates the need for:
• Clear and inclusive definitions of whistleblowers and protected disclosures
• A good-faith, reasonable belief standard aligned with UNCAC
• Strong anti-retaliation and confidentiality safeguards
• Independent reporting and oversight mechanisms
• Public awareness and education on whistleblower rights
These positions are consistent with long-standing calls for reform from SUHAKAM, the Malaysian Bar and civil society.
Transparency International Malaysia stands ready to engage constructively with the Government to ensure that both the immediate enforcement of existing amendments and any future reforms genuinely strengthen whistleblower protection. Genuine whistleblowers must be treated as allies in the fight against corruption — not casualties of delayed or poorly calibrated reform.
Issued by:
Raymon Ram
President
Transparency International Malaysia (TI-M)
