Sunday, May 11, 2008

How the OSA Protect Whistleblowers?

Pardon me for my shallow understanding of our Official Secrets Act 1972. From my layperson perspective, the OSA makes it an offence to possess or disseminate information classified as an official secret. A broadly-worded law, the OSA carries a maximum penalty of life imprisonment for the actions associated with the wrongful collection, possession or communication of official information. Any public officer can declare any material an official secret - a certification which cannot be questioned by anyone including the courts.

I am puzzled when Minister in the Prime Minister’s Department Nazri Aziz told Parliament last Thursday (8/5/08) that the Government had no plans to enact a Freedom of Information Act or other laws to protect whistleblowers because the OSA is sufficient.

I'm not sure if the other Minister in the PM's Department, Mohd Zaid Ibrahim, the de facto law minister, was in the august house when Nazri made the statement. If Zaid was there, and he didn't make any clarification, then I stand to be corrected for my ignorance.

Does any reader know which section of the Act provides for the protection of whistleblowers? For example, how does the law (or authority) protect a person who spills the beans on someone who commits an act of money laundering or corruption?

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