ASEAN Regional Coalition to #StopDigitalDictatorship
Anti-SLAPP and Whistleblowers Protection
information as to the wrongdoing of any company
Malaysia recognizes HRDs as well as their rights
afforded by Whistleblower Protection Act is limited
and responsibilities through the UN Declaration
to disclosures made to a law enforcement agency
on the Right and Responsibility of Individuals,
including any ministry, department, agency or other
Groups and Organs of Society to Promote and
body set up by the Federal Government or State
Protect Universally Recognized Human Rights and
Government. Moreover, the whistleblower protection
Fundamental Freedoms, adopted by the UN General
could be limited in several circumstances enshrined
Assembly in 1998. Malaysia also acknowledges the
in Section 11(1). For instance, any disclosure of
UN General Assembly Resolution 70/161 on HRDs,
improper conduct which is “frivolous or vexatious,”
adopted in 2015, with Malaysia voting in favour.
or improper conduct that “principally involves the
Nonetheless, there is no anti-SLAPP law to protect
merits of government policy, including policy of a
HRDs and activists from lawsuits.
Additionally,
public body,” is excluded from protection. As is the
Malaysia enacted the 2010 Whistleblower Protection
common pattern with these laws, “improper conduct”
Act
is loosely defined, thus enabling its misapplication.135
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Malaysia
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which protects any person who provides
or its directors.134 Nonetheless, the protection
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