KUALA LUMPUR (July 13): A coalition of civil society organisations (CSOs) has slammed the government's Freedom of Information (FOI) Bill 2026, saying the proposed legislation falls short of international standards and undermines the public's right to access government-held information.
In a joint statement, the Centre for Independent Journalism (CIJ), ARTICLE 19, the Center to Combat Corruption and Cronyism (C4 Center), together with eight other organisations, said the bill creates a restrictive administrative process rather than establishes a substantive right to information.
"The FOI Bill appears designed to promote secrecy rather than openness and transparency," the groups said, adding that the proposed law merely creates "the illusion of openness while preserving the existing culture of secrecy".
The statement came after Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the bill for its first reading in the Dewan Rakyat on Monday. The second reading is scheduled to take place during the current parliamentary meeting, which ends on July 16.
The groups argued that the bill preserves the supremacy of the Official Secrets Act 1972 (OSA) and other secrecy laws instead of establishing the principle that information held by public bodies should be accessible by default unless disclosure would cause demonstrable harm.
They criticised the bill's exemptions as overly broad and vague, saying they could shield large categories of government information from public scrutiny, including internal deliberations, commercial information and documents supplied by third parties.
The coalition said the bill also lacks a comprehensive harm test and a public interest override — common features of freedom of information laws in other jurisdictions.
It also raised concerns over provisions requiring applicants to justify why they are seeking information and limiting requests to prescribed purposes.
Criminalising misuse of requested info
According to the groups, the bill would criminalise the use of information for purposes different from those stated in the original application, which could discourage journalists, researchers, whistleblowers and civil society groups from seeking government information.
The coalition further criticised Clause 22 of the bill, which states that nothing in the proposed law should be construed as constituting a fundamental liberty under the Federal Constitution.
It argued that the provision could undermine judicial interpretation of constitutional rights, including freedom of expression and the right to information.
The groups also questioned the effectiveness of the proposed oversight mechanism, saying the ombudsman would have no jurisdiction over information protected under the OSA and other secrecy laws.
Among the other organisations that endorsed the statement were Gerakan Media Merdeka (Geramm), Suara Rakyat Malaysia (Suaram), Bersih, Freedom Film Network, SIS Forum (Malaysia) and the Consumer Association of Penang.
Slated for PSC review
Following concerns raised by the CSOs, who are demanding a clause-by-clause review involving lawmakers, civil society groups, media representatives, academics, the legal profession and other stakeholders, the bill is now going to be referred to a parliamentary select committee (PSC) for further scrutiny.
Azalina announced this in a statement after tabling the bill for first reading. "The government will table a motion on Tuesday, July 14, to refer the FOI Bill 2026 to a parliamentary special select committee to be established," she said.