ARTICLE 19 and Malaysian civil society groups welcome UN scrutiny of Freedom of Information Bill
ARTICLE 19, the Centre for Independent Journalism (CIJ), and the Center to Combat Corruption and Cronyism (C4 Center) welcome a communication from UN Special Rapporteurs raising concerns about Malaysia’s proposed Freedom of Information Bill 2026. The communication questions whether the draft law meets international human rights standards, particularly regarding access to information, broad exemptions, criminal penalties, and independent oversight.
ARTICLE 19, the Centre for Independent Journalism (CIJ), and the Center to Combat Corruption and Cronyism (C4 Center) have welcomed a communication from three UN Special Rapporteurs concerning Malaysia’s proposed Freedom of Information Bill 2026. The experts have raised questions about whether the legislation would adequately protect the right to seek and receive information under Article 19 of the International Covenant on Civil and Political Rights.
One concern is the Bill’s limited scope. The proposed framework does not cover all public bodies, with questions remaining about its application to state governments, local authorities, independent institutions, and government-linked entities.
The communication also questions the exemptions set out in Clause 12. According to the concerns raised, the Bill does not provide a sufficient harm test or a public interest override to ensure that information is disclosed when the public interest outweighs the reasons for withholding it. Its relationship with Malaysia’s Official Secrets Act 1972 is another issue requiring clarification.
The proposed enforcement provisions have also drawn scrutiny. Clauses 17 and 18 introduce criminal penalties, raising concerns about their potential impact on access to information. The experts have also questioned the absence of an independent oversight body to review decisions and provide an effective avenue for appeal.
The Special Rapporteurs have asked the Malaysian government to clarify how the Bill will be reviewed and how its provisions will be brought into line with international human rights obligations.
ARTICLE 19, CIJ, and C4 Center have welcomed the communication as an opportunity to address these concerns before the legislation proceeds further. They argue that an effective freedom of information framework should enable public access to government-held information, provide meaningful safeguards against unjustified refusals, and ensure independent oversight.
