PROPOSED FOI LAW MUST REFLECT MALAYSIA’S REALITIES

By V. Sankara

KUALA LUMPUR, March 29 (Bernama) -- Malaysia can learn from international best practices on freedom of information (FOI) but it must design its own FOI law based on local sensitivities and political structure, said Geostrategist and Senior Fellow at the Nusantara Academy of Strategic Research (NASR) Prof Dr Azmi Hassan.

Citing the FOI Acts in the United States and United Kingdom, he said Malaysia could adopt core principles while applying suitable limitations.

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“In the US, anyone - citizen or non-citizen - can request government information. I don’t think that model works for us. FOI in Malaysia should be limited to citizens only,” he told Bernama, commenting on the proposed FOI Act in Malaysia. 

Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said was reported to have said that the Unity Government's decision regarding the drafting of the FOI Act reflects the transparency of a government that upholds the principle that every citizen should have the right to seek, receive and provide information through any medium or platform.

She said in the context of Malaysia, the government's primary goal is to ensure the public has access to authentic information that is more open and transparent from government sources, as this indirectly helps the public to be involved in the process of making the country's policies.

Azmi said the FOI law must be introduced cautiously to ensure it balances transparency with national harmony.

“Whether we are ready or not is a big question. It’s not just about transparency, it’s also about managing expectations and protecting national harmony,” he said.

He added that a well-designed FOI law would boost Malaysia’s international image.

“Any country with an FOI law is seen as empowering its citizens. Malaysia could benefit from that - but we must do it our way,” he said.

Supporting the initiative, lawyer and former Selangor Bar chairman Kokila Vaani Vadiveloo said the Official Secrets Act 1972 (OSA) remains a major obstacle to transparency.

“Despite state-level FOI laws in Penang and Selangor, the OSA still holds immense power in restricting access,” she said.

Kokila stressed that a meaningful FOI law must include an independent oversight body and be accompanied by reforms to secrecy laws.

“Countries with strong FOI frameworks tend to score better on the Corruption Perceptions Index (CPI). If Malaysia is serious about fighting corruption, a robust FOI framework is essential,” she said.

She also emphasised the importance of changing institutional mindsets and increasing public awareness.

“It’s not just about passing the law. If the culture of secrecy persists, even the best FOI law will struggle to be effective,” she said.

“There must be a nationwide awareness campaign so the public understands their rights.”

-- BERNAMA