Malaysia
Heavy penalties for leaking official information sparked by media leaks, says Putrajaya

KUALA LUMPUR, Oct 22 — Putrajaya today said that it needed to clamp down on leaks to the media, in pushing for a jail term and a RM1 million fine for unlawful disclosure of government information under amendments to the Penal Code.

The opposition has accused the Barisan Nasional (BN) government of targeting whistleblowers but Minister in the Prime Minister’s Department Nancy Shukri (pic right) claimed today there had been numerous cases where the government’s good name had been tarnished by “false exaggeration” in the media on issues affecting the country’s interests and dignity.

“The leaking of information to electronic media with false exaggeration to tarnish the government... needs to be handled seriously,” she said in Parliament.

“The new clause is very relevant, with the second chapter referring to false evidence and offences against public justice.”

Shukri said this in response to points raised during the policy stage debate of the bill, despite having said earlier that the disclosure of information clause was aimed at tackling organised crime and not to cover up corruption in the civil service.

Clause 11, as it is listed in the bill, prohibits civil servants from revealing any information or matter “which has been obtained by him in the performance of his duties or the exercise of his functions under any written law”.

The penalty for the offence is a fine of not more than RM1 million or up to one year in jail, or both.

The clause also extends to individuals who received such information or matters from civil servants and shares it with others, an offence which carries a similar penalty.

Opposition lawmakers had been urging Shukri to withdraw the bill for further study as the wording in the clause was ambiguous.

Padang Serai MP N. Surendran said the clause meant that anyone who revealed information could be penalised, even if it was not considered a secret under the Official Secrets Act (OSA) 1972.

“This means any public servant and not just that, anyone with the information while carrying out duties cannot reveal the information. Doesn’t that mean everything regarding administration is considered a secret?

“Shouldn’t we look at the wording of the clause or the 203a section and study the effects of the wording... could it stop crimes or will it make all administrative information and government servants’ actions a secret?” he said.

Shukri said the clause would make it easier for lawyers and judges to use the provision in tackling organised crime.

“We won’t just arrest anybody if it is not a national threat. We will focus more on situations which will be a threat to national security,” she said.

The Batang Sadong MP refused to withdraw the bill, saying the government was open to making amendments to it in the future.

“We can’t withdraw, we don’t need to withdraw. If there is a need to improve, we are open, we will listen to everybody.

“We will listen and accept the views and refine the law,” she reiterated.

The Penal Code Amendment Bill 2013 was subsequently passed after the third reading today.

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