ARTICLE 19 Asia

A freedom of information law should, first and foremost, guarantee the right to know. Together with the UN Special Rapporteurs on the rights of persons with disabilities and on human rights defenders, we sent OL MYS 1/2026 to the Government of Malaysia concerning the Freedom of Information Bill 2026. We recognise efforts to advance transparency, while encouraging the Malaysian authorities to review the Bill so that it fully guarantees the right of access to information. Our communication identifies important concerns: The Bill does not clearly recognise a substantive and enforceable right of access to information; it restricts who may request information; requires proof of identity, citizenship and, in some circumstances, the purpose of a request; preserves broad exemptions; and raises concerns regarding independent oversight. We are also concerned that some provisions could impose criminal liability for the subsequent use or dissemination of lawfully obtained information, with penalties of up to five years’ imprisonment. Access to information should be guided by the principle of maximum disclosure. Exceptions should be narrowly drawn, based on demonstrable harm and subject to consideration of the public interest. Journalists, human rights defenders, researchers and those who disclose information in good faith and in the public interest need effective safeguards. Also, an independent oversight body is required to verify compliance with obligations regarding access to information. We call on the Malaysian authorities to use the legislative review process to strengthen the Bill, ensure genuinely independent oversight and bring the future framework fully into line with international human rights standards. Here is the full communication sent to Malaysia's Government spcommreports.ohchr.org/TMRe…