KUALA LUMPUR: The Malaysian Anti-Corruption Commission is committed to protecting whistleblowers under the Whistleblower Protection Act 2010, says its chief commissioner, Azam Baki.
Azam said the public often misunderstands the concept of whistleblowers, with some assuming that anyone with information about corruption can automatically receive protection.
To receive whistleblower protection, he said, one must follow the established laws and procedures to prevent misuse and ensure effectiveness.
“First, a person cannot disclose information about an offence to the public and then apply for whistleblower protection. This is because he may have revealed his identity and disclosed information which may or may not be valid.
“So it is unreasonable to expect the enforcement body (MACC) to guarantee him protection before he makes a report or complaint to the agency,” he told Bernama in an interview.
Azam clarified that people involved in the wrongdoing they report are not eligible to apply for whistleblower protection, as outlined in Section 11(1) of the Act.
“The provision stipulates that the enforcement agency can revoke the protection if it is found that the whistleblower is also involved in the misconduct disclosed,” he said.
Once the conditions set out in the Act are met, he said, MACC will maintain the confidentiality of the whistleblower’s identity and the information provided, even during court proceedings.
“Whistleblowers cannot be subject to civil, criminal or disciplinary action for the disclosure and are protected from any action that affects the consequences of the disclosure,” he said, adding that protection is also extended to those linked to whistleblowers.
He said failure to report bribery or corruption may result in fines of up to RM100,000, imprisonment of up to 10 years, or both, under Section 25 of the MACC Act 2009. - FMT
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