Malaysia FOI Bill rated among world's worst
A global assessment scores Malaysia's proposed Freedom of Information Bill 2026 just 47 out of 150 points, ranking it 137th worldwide.
Malaysia's proposed Freedom of Information (FOI) Bill 2026 has been rated among the weakest such laws in the world. A review by the Centre for Law and Democracy (CLD), published on 12 August, gave the bill a score of 47 out of 150 points, placing Malaysia 137th out of 142 countries with right-to-information legislation.
This finding has prompted a coalition of Malaysian and international rights organisations to call for urgent reform. The groups, including the Center to Combat Corruption and Cronyism (C4 Center), the Centre for Independent Journalism, and ARTICLE 19, say the bill fails to meet international human rights law and standards. They are urging the Parliamentary Special Select Committee (PSSC) to act on the CLD's assessment.
The CLD analysis was scathing. It stated the bill "represents an extremely weak legislative effort." The centre also observed that the draft law ties with the Philippines for the weakest performance in Southeast Asia, though the Philippines is currently upgrading its own legislation.
A Failing Grade Across Key Areas
The CLD's rating system assesses laws across seven fundamental categories. The scores for Malaysia's FOI Bill reveal widespread deficiencies.
| Category | Score |
|---|---|
| Right of access | 17% |
| Scope | 40% |
| Requesting procedures | 13% |
| Exceptions and refusals | 17% |
| Appeals | 61% |
| Sanctions and protections | 50% |
| Promotional measures | 19% |
The coalition has reiterated specific demands for change, which align with the CLD's external review.
Major Flaws and Secrecy Concerns
A primary criticism is that the bill preserves the supremacy of existing secrecy laws like the Official Secrets Act 1972. With roughly 165 federal laws containing secrecy provisions, this could leave a vast amount of government information beyond public scrutiny. The CLD recommends the FOI Bill should set overriding standards, making inconsistent provisions in other laws void.
The list of exempted information is also excessively broad. It lacks essential safeguards like a public-interest override. This creates a risk that information on corruption, environmental harm, or human rights violations could remain hidden even when disclosure is in the public interest. The CLD notes numerous exceptions "do not conform to international standards."
The bill places unnecessary restrictions on who can request information. Access is limited to citizens aged 18 and above, requiring national ID cards. It also imposes prescribed purposes for requests and potentially criminalises the subsequent use of lawfully obtained information. The CLD describes these purpose restrictions as a "truly massive limitation" and notes the score for Requesting Procedures is "radically low."
Undermining Rights and Oversight
Alarmingly, the bill contains a clause stating that nothing within it shall be construed as fundamental liberties under the Federal Constitution. Coalition members say this provision seeks to deny the existence of a constitutional right to information, contradicting domestic jurisprudence and international human rights law. It also raises concerns about judicial independence.
Furthermore, the bill fails to establish an independent oversight authority. External review is assigned to an Ombudsman, but that position does not currently exist. The CLD argues that a dedicated information commission is essential for effective implementation, a step taken by many smaller and poorer countries.
The coalition emphasises that the bill in its current form is widely denounced. They argue it will do little to remedy Malaysia's entrenched culture of secrecy, despite government commitments to combat corruption. The statement was endorsed by 38 organisations including SUARAM, Greenpeace Malaysia, and the BERSIH coalition, alongside individual experts.
