KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has guaranteed and is committed to protecting whistleblowers per the Whistleblower Protection Act 2010.
MACC Chief Commissioner Tan Sri Azam Baki (pic) said the public often misunderstood the issue of whistleblowers, whereby some thought that anyone with information about corruption could apply for protection.
He said the country had laws and procedures to ensure whistleblowers were protected from undue retaliation, but it must be done so in accordance with the law to ensure its effectiveness and prevent abuse.
"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 whose validity has yet to be determined.
"So it is unreasonable to expect the enforcement (MACC) to guarantee him protection before he makes a report or complaint to the agency," he said in a recent interview with Bernama.
Apart from that, Azam said that a person involved in the offence he exposed was not eligible to apply for whistleblower protection. This is clearly stated in Section 11(1) of the Whistleblower Protection Act 2010.
"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.
Having fulfilled the conditions stipulated in the act, Azam said the MACC would ensure that the whistleblower's identity and the information provided were kept confidential and not disclosed to anyone, including during court hearings.
"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. Protection is also given to those with a relationship or connection with the whistleblower," he explained.
Azam said Section 25 of the MACC Act 2009 also stipulated that if a person failed to report a bribe, promise or offer, a person could be fined not more than RM100,000 and imprisoned for not more than 10 years or both.
"Failure to report solicitation or obtaining bribes can also be punished with imprisonment and fines," he said. - Bernama
