LETTERS: I refer to the New Straits Times' report titled: "Company deputy director charged with sacking whistleblower who exposed him".
The company deputy director was charged under Section 10(3)(b) of the Whistleblower Protection Act 2010, which carries a fine of not more than RM100,000 or a jail term of up to 15 years or both, if found guilty.
The charge under this Section is the first in history since the Act came into force in 2010. Whistleblowers must be protected, and not prosecuted, to fight corruption. And corruption cannot be tackled without a citizenry willing to blow the whistle.
Technically, a whistleblower is a person who exposes information or activity that is deemed illegal, unethical, or not transparently correct in an organisation that is either private or public and because of this expose, there must be laws to protect whistleblowers.
While whistleblowers often pay a high price by taking personal risk in reporting suspected or actual bribery and other noncompliance, they must have legal protection in the form of guaranteed confidential reporting and anti-retaliation protections.
They must have private rights of action to sue the organisation or directors for damages as a result of discriminatory or retaliatory behaviour.
Starting in 2021, all 28 European Union (EU) member states will have to meet minimum standards as provided by the EU Whistleblower Protection Directive (2019/1937) on creating free-speech protection for whistleblowers and employees who challenge illegality or abuse of power that betray the public trust.
This new directive on the protection of persons reporting on breaches of Union law protects whistleblowers and encourages people to report wrongdoing, through whichever route they consider appropriate.
Meanwhile, the International Organisation for Standardisation ISO/TC 309 Working Group 3 has designed and developed a Whistleblowing Management System Guidelines standard (ISO 37002). This international standard enables the internal reporting and processing of reports about wrongdoing, and individuals involved in that process.
This document provides guidance for establishing, developing, implementing, evaluating, maintaining and improving a whistleblowing management system through trust, impartiality and protection throughout the stages of the whistleblowing cycle in and by an organisation. This ISO 37002 Guidelines standard is expected to be published by June 2021.
On several occasions, the MACC has also indicated that there will be a review of the Whistleblower Protection Act 2010, as there is a need to change and amend it to be in accordance with current situations and requirements.
We would strongly urge the MACC to look into both the EU Whistleblower Protection Directive and the ISO Whistleblowing Management System Guidelines for further inputs before the bill is drafted.
Our bill should be able to protect whistleblowers if their disclosures are made to any of the law enforcement agencies as well as any possible venue, provided that the whistleblower (a) has not received any response from the internal and/or external reporting channels within the set time frame; (b) has reasonable grounds to believe the breach constitutes an imminent danger to the public; (c) fears a risk of retaliation; or (d) believes it is unlikely that the wrongdoing would be effectively addressed due to the particular circumstances of the case.
DR KM Loi
President, Association of Anti-bribery Management System Practitioners Malaysia
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times