The Malaysian Bar has renewed its call for the federal government to enact a comprehensive Freedom of Information (FOI) Act, describing the legislation as long overdue and essential to strengthening transparency, accountability and democratic governance.
The call follows the conclusion of the Forum on Freedom of Information, held on June 29 at the Asian Institute of Chartered Bankers (AICB) in Kuala Lumpur. The hybrid event was jointly organised by the Bar Council Constitutional Law and Human Rights Committee and the Centre for Independent Journalism.
In a statement, Malaysian Bar president Anand Raj said the forum underscored the urgent need for a practical and effective federal FOI framework, stressing that transparency is fundamental to the rule of law while secrecy undermines democratic governance.
The Bar also reminded the government of Pakatan Harapan’s pledge in its 2022 General Election manifesto to introduce a Freedom of Information Act that would limit the scope of the Official Secrets Act 1972, with any exemptions to be determined by a parliamentary committee rather than a minister.
According to the Bar, the right to seek, receive and impart information is recognised internationally as a fundamental human right and is already embedded within Malaysia’s constitutional framework through judicial interpretation.
It cited the Federal Court’s landmark decision in Sivarasa Rasiah v Badan Peguam Malaysia & Anor, which held that the constitutional guarantee of freedom of speech and expression inherently includes the right to receive information.
The Bar argued that any new FOI legislation must not exist in isolation but should be accompanied by broader legal reforms, including amendments or repeal of laws that restrict access to information, such as the Official Secrets Act 1972, the Printing Presses and Publications Act 1984, Section 203A of the Penal Code, the Whistleblower Protection Act 2010, the Personal Data Protection Act 2010 and other statutory secrecy provisions.
It also urged the government to align the proposed law with international best practices, including the Right to Information Rating Methodology developed by the Centre for Law and Democracy and Access Info Europe, as well as standards promoted by UNESCO.
Among its recommendations, the Bar said the legislation should explicitly recognise access to information as a constitutional right under Article 10(1)(a) of the Federal Constitution, provide simple and affordable access to government information without requiring applicants to justify their requests, and ensure decisions on information requests are made within one month.
It further proposed that exemptions be narrowly defined and subject to a rigorous public interest and harm test, while refusals should be appealable through an independent tribunal with final recourse to the courts.
The Bar also called for the establishment of an autonomous oversight body or Ombudsman, operating in accordance with the Venice Principles, to monitor compliance and report directly to Parliament.
In addition, public authorities should be legally required to proactively publish key information, including updates on public projects, every three to six months, while stronger legal protections should be introduced for whistleblowers.
The Bar also recommended penalties for public officials who deliberately destroy documents or repeatedly obstruct access to information, alongside annual compliance audits covering all public agencies.
Anand said a robust FOI Act could have significantly altered the course of previous governance failures, public scandals and national tragedies by improving transparency and accountability.
He added that such legislation would represent one of Malaysia’s most significant institutional reforms in preventing corruption and improving governance, while also fulfilling the country’s commitments under the United Nations Sustainable Development Goal 16 on promoting accountable and transparent institutions.
The Malaysian Bar urged the government to honour its earlier commitment by introducing meaningful FOI legislation that meets international standards rather than a symbolic or limited reform.
