Malaysia legislation
Section 10
Section 10
Protection against detrimental action
(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.
(5)
No person acting or purporting to act on behalf of any public body or private body shall—
(a)
terminate a contract;
(b)
withhold a payment that is due and payable under a contract; or
Whistleblower Protection 13
(c)
refuse to enter into a subsequent contract, solely for the reason that a party to the contract or an employee or employer of a party to the contract has made a disclosure of improper conduct to any enforcement agency relating to the public body or private body.
(6)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding fifteen years or to both.
(7)
In any proceedings, it lies on the defendant to prove that the detrimental action shown to be taken against a whistleblower or any person related to or associated with the whistleblower is not in reprisal for a disclosure of improper conduct.
Revocation of whistleblower protection