Supporting People who Speak Out

Malaysia – Standards – Protection – Retaliation

Malaysia – Standards – Protection – Retaliation

7. (1) A whistleblower shall, upon receipt of the disclosure of improper conduct by any enforcement agency under section 6, be conferred with whistleblower protection under this Act as follows:

(a) protection of confidential information;

(b) immunity from civil and criminal action; and

(c) protection against detrimental action, and for the purpose of paragraph (c), the protection shall be extended to any person related to or associated with the whistleblower.

(2) A whistleblower protection conferred under this section is not limited or affected in the event that the disclosure of improper conduct does not lead to any disciplinary action or prosecution of the person against whom the disclosure of improper conduct has been made.

(3) This Act does not limit the protection conferred by any other written law to any person in relation to information given in respect of the commission of an offence.

10. (1) No person shall take detrimental action against a whistleblower or any person related to or associated with the whistleblower in reprisal for a disclosure of improper conduct.

(2) A whistleblower may make a complaint to any enforcement agency of any detrimental action committed by any person against the whistleblower or any person related to or associated with the whistleblower.

(3) A person is deemed to take detrimental action against a whistleblower or any person related to or associated with the whistleblower if-

(a) the person takes or threatens to take the detrimental action because-

(i) a whistleblower has made a disclosure of improper conduct; or

(ii) the person believes that a whistleblower has made or intends to make a disclosure of improper conduct;

or

(b) the person incites or permits another person to take or threaten to take the detrimental action for any reason under subparagraph (a)(i) or (ii).

(4) Nothing in this section shall affect the whistleblower protection to an employee in the private body either at law or under a collective agreement or employment contract.

Referenced Legislation: Whistleblower Protection Act (2010)

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