RECENTLY, the issue of whistleblowers has 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....
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