KUALA LUMPUR, Feb 12 ― Matters of public interest cannot be used as an excuse to justify classified information leakages, Communications and Multimedia Minister Datuk Seri Salleh Said Keruak has said.
Responding to Malay rights group Perkasa’s question of how exposing corruption could be regarded as a national security matter, Salleh said that whistleblowing on established crimes and leaking official secrets are two different matters.
Salleh said that those who leak information would often cite public interest to defend their actions.
He stressed that public interest cannot be used to justify leaks of classified information that are protected under the Official Secrets Act 1972 (OSA).
“We need to understand the difference between whistleblowing and the leaking of classified information. A document or file that has been stamped RAHSIA comes under the OSA ― as do those that are automatically classified such as Cabinet Papers, EXCO meeting papers, etc.
“Reasons of public interest do not apply in such matters,” he told Malay Mail Online in an emailed response when contacted.
Salleh said that not all information is classified and treated as official secrets, but said that not all leaks of information can be regarded as acts of whistleblowing.
“Once a certain document or file is classified under the OSA then it cannot be shared under any circumstances, unless it is officially declassified,” said the Kota Belud Barisan Nasional chairman.
“We can disagree as to what should and should not be classified or stamped RAHSIA or on the definition of whistleblowing. But the law is the law,” he added.
Salleh, who said he was sharing his personal and general views, had earlier in his response spoke of the need to recognise the difference between the leaking of official secrets, leaking matters kept confidential between the parties involved and actual whistleblowing.
“Leaking information protected under the OSA is a crime, leaking information protected by confidentiality is a breach of legal rights, and actual whistleblowing can only be justified if done in accordance with the Whistleblower Protection Act 2010,” he said.
Salleh later explained that actual whistleblowing would cover crimes that have been established but are being covered up, while information on alleged crimes cannot be described as whistleblowing unless a charge has been brought and determined in court.
On Monday, Salleh said Attorney-General Tan Sri Mohamed Apandi Ali’s proposal last Saturday to review the punishments under the OSA showed that the problem of government secrets being leaked have become more serious and said such actions could jeopardise national security.
A day later, Perkasa information chief Hassan Basri Muhammad questioned the Attorney-General's motive in mulling enhanced penalties including life imprisonment and ten strokes of the cane for those who leak official secrets.
Hassan questioned how exposing information on matters such as corruption, embezzlement, fraud, as well as tenders and business not done according to rules could amount to issues of national security.
He said that there could be a far greater threat to national security if the public becomes dissatisfied with attempts to conceal information on embezzlement through the proposed OSA amendment.
