MACC chief Tan Sri Azam Baki. – Bernama
KUALA LUMPUR: A person cannot disclose information on corruption offences to the public and then apply for whistleblower protection, says Tan Sri Azam Baki.
Sinar Harian reported that the Malaysian Anti-Corruption Commission (MACC) chief commissioner said this is because the person's actions may have revealed their identity and information before its validity is determined.
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"It is unreasonable to expect enforcement to guarantee protection to this person before they make a report or file a complaint at the enforcement agency.
"A person involved in the offence they disclosed is not eligible to apply for whistleblower protection.
"This is clearly stated in Section 11(1) of the Whistleblower Protection Act 2010, which stipulates that enforcement agencies can revoke the whistleblower's protection if it is found that the whistleblower is also involved in the misconduct disclosed," he said on Saturday (Nov 16) while speaking at an MACC event in conjunction with the MACC's 57th anniversary.
Azam said to apply for whistleblower protection, individuals need to report directly to government enforcement agencies.
"After fulfilling the conditions stipulated in the act, MACC will then guarantee and give its commitment to protect the whistleblowers in accordance with the Whistleblower Protection Act 2010.
"Once everything is fulfilled, the identity of the informant and all the information conveyed is kept confidential and not revealed to anyone even during the trial in court," he said.
He said that whistleblowers cannot be subject to civil, criminal or disciplinary action for the disclosure and are protected from any action that might affect the consequences of the disclosure.
"Protection is given to those who have a relationship or connection with the whistleblower as well.
"Section 25 of the MACC Act 2009 also says that if a person fails to report a bribe, promise or offer, a person can be fined not more than RM100,000 and imprisoned for not more than 10 years or both.
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"While failure to report requests for bribes or obtaining bribes can be punished with imprisonment and fines," he said.
Azam said the community often misunderstands the issue of whistleblowers.
"Some people think anyone with information about corruption can apply for whistleblower protection.
"The country has laws and procedures to ensure whistleblowers are protected from undue retaliation, but it must be done in accordance with the law to ensure its effectiveness and avoid abuse," he said.
