Groups urge transparent review as FOI bill goes to select committee

They say the review process should not be used to delay reform indefinitely, and that their goal is to improve the bill rather than stall it.

ARTICLE 19, the Centre for Independent Journalism and the Center to Combat Corruption and Cronyism welcomed the decision to refer the bill to a special select committee after its first reading in the Dewan Rakyat yesterday, following criticism over apparent shortcomings.

However, in a joint statement, they said the review would only be meaningful if it was transparent, inclusive and open to revision of the bill in its entirety.

They called for the committee to be bipartisan, as well as for gender diversity and representation from Peninsular Malaysia, Sabah and Sarawak.

The groups likewise called for the committee to engage with civil society organisations, academics and other relevant stakeholders as part of an open and participatory review process.

“This should include further calls for public participation and the publication of all written submissions, meeting schedules, and the select commitee’s deliberative process wherever possible, subject only to legitimate confidentiality concerns,” they said.

They said the bill should also be benchmarked against international right-to-information standards and Article 10(1)(a) of the Federal Constitution.

They called for a revised draft of the bill to be published before its report is finalised, to allow stakeholders to comment on the proposed amendments.

“We wish to emphasise that the process should not unduly delay the legislation; the goal is to improve the bill, not postpone the reform indefinitely.

“It is essential to implement a progressive FOI law based on the principle that an informed public is crucial for a functioning democracy.

“A robust and progressive FOI framework shifts power from the state to the people, promoting maximum transparency, accountability and public participation in governance, ultimately reaffirming public confidence in the Madani government,” they said.

The FOI Bill is Malaysia’s first attempt at a federal freedom of information law. Only Selangor and Penang have enacted similar legislation at the state level, in 2011 and 2012 respectively.

The push for federal legislation traces back to Pakatan Harapan’s 2022 general election manifesto, which pledged an FOI Act that would limit the Official Secrets Act 1972.

The current form of the bill, however, purportedly fails to recognise FOI as a constitutional right and lacks a “harm test” requiring authorities to justify withholding information.