Combating Corruption: The Two Challenges under Whistleblower Protection Act 2010 of Malaysia

• Main Authors: Mohd Ali @ Ramli, Azlin Namili, A. Rahman, Aspalella, Yaacob, Nurli
• Format: Conference or Workshop Item
• Language: English
• Published: 2018
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/31160/1/UUMILC%202018%2052%2001%20775-780.pdf; https://repo.uum.edu.my/id/eprint/31160/; https://www.europeanproceedings.com/article/10.15405/epsbs.2018.12.03.78

The paper reviews on two challenges of a whistleblower in disclosing information on wrongdoing under Whistleblower Protection Act 2010 (WPA 2010) in Malaysia. Two elements regarding the definition of whistleblower under the act has become obstacles for a whistleblower to expose the misconduct. The first element obliged the wrongdoing to be exposed only through enforcement agencies despite the agencies are considered among the corrupt institutions in Malaysia. The second element required that the wrongdoing does not come under the purview of any written law regardless if the wrongdoing is against public policy. Additionally, this paper used the analytical and comparative legal research method where some statutes and decided cases were analyze in order to identify the problems, examine the merits and bring improvements to the definition concerned. The findings shows that a whistleblower will not be protected under WPA 2010 if he goes against the two criteria’s of the definition above , instead he can be charged for breaching the above criterias