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Timeline of RTI

Do you know what has happened to RTI in Malaysia?

On September 14, 2023, the Special Cabinet Committee on National Governance (JKKTN) chaired by Prime Minister, Datuk Seri Anwar Ibrahim, agreed in principle to enact a Freedom of Information (FOI) Act. This is a vital step to improve the public perception of the government’s commitment towards promoting a culture of transparency and public trust in government.

But before we delve deeper into RTI, it would be useful for you to know more about how the Right to Information movement has progressed.

2010

Adoption of the Freedom of Information Enactment of 2010 in Penang

However it was only gazetted in 2012, and came into force in 2015. It still faces MANY challenges.

2011

Adoption of Freedom of Information Enactment of 2011 in Selangor 

Selangor followed in Penang’s footsteps through the gazettement of their FOI legislation in 2011. In 2013, the state government managed to implement the law but faced challenges.

July 2018

Pakatan Harapan government promises to legislate Right to Information law

PH government at the Council of Minister’s Meeting promised to legislate a RTI law. This was to be led by the Legal Affairs Division in the PM’s Office and the Ministry of Communications and Multimedia.

This is in line with the PH Manifesto to legislate a RTI law, review the Whistleblower Protection Act 2010, the Official Secrets Act 1972 and Witness Protection Act 2009.

18 July 2019

PM Mahathir suggests OSA to be replaced by FOI law

Prime Minister Tun Dr. Mahathir Mohamad via the Special Cabinet Committee on Corruption (JKKMAR) announces that the government is looking into replacing the Official Secrets Act 1972 (OSA) with an FOI legislation.

November 2019

Deputy Law Minister and former Law Minister assure that several government agencies and the Pakatan Harapan government are looking to harmonise Official Secrets Act (OSA) into the new Freedom of Information (FOI) law

Deputy Law Minister Mohamed Hanipa Maidin assured Parliament that several agencies (CGSO, KKOM, Office of Legal Adviser Penang and Selangor and MAMPU) had discussed options surrounding harmonising OSA and the new FOI law, including:

> Assurance of a holistic and inclusive FOI law
> Holding stakeholder consultation to inform the drafting of a policy paper
> Followed by public consultation

Former Law Minister, late Liew Vui Keong also announced that the PH government would table a FOI law, repeal OSA and retain some elements of OSA into the new FOI law.

2020

Two Ministers affirm their commitment to pursue Freedom of Information legislation and the Law Minister is reviewing the laws

Minister of Communication and Multimedia, Dato’ Sri Saifuddin Abdullah, reaffirms commitment to pursue FOI legislation under the Perikatan Nasional government.

The Minister in the Prime Minister’s Department (Parliament and Law), Datuk Seri Takiyuddin Hassan, also affirms that he is reviewing the laws and is open to discussion among civil society organisations, about enacting the RTI legislation.

2022

The then Law Minister, Tun Wan Junaidi,  in his closing speech at a World Press Freedom Day event reaffirms his commitment to a Right to Information law

The Minister in the Prime Minister’s Department (Parliament and Law), Tun Wan Junaidi, in his closing speech at a World Press Freedom event, reaffirmed the government’s commitment and stated that the RTI law would ensure public access to accurate information to combat fake news.

2023

The Law Ministry organises an engagement session with defence, security and enforcement agencies

BHEUU organised an engagement session with defence, security, and enforcement agency officers. Deputy Minister YB Ram Karpal iterated the commitment to establish an independent commission as an oversight body.

The Special Cabinet Committee on National Governance (JKKTN) also agrees in principle to enact the Freedom of Information Act at the federal level.

September 2023

PM agrees to enacting a Freedom of Information law

Announcement by the Prime Minister at the recent Special Cabinet Committee on National Governance agreeing to enact a Freedom of Information (FOI) law at the federal level and amend the Official Secrets Act (OSA) to ensure effective alignment signifies a positive move.

2024

Law Minister, Dato’ Seri Azalina Othman leads engagement sessions between multiple stakeholders 

Dato’ Seri Azalina Othman, as Minister in the Prime Minister’s Department (Law and Institutional Reforms), leads the engagement sessions between multiple stakeholders.

The engagement session with government officers were held in the northern, eastern, southern and central regions of Peninsular Malaysia, as well as East Malaysia, and organised by the Legal Affairs Division in the Prime Minister’s Office.