How does the FOI Bill 2026 challenge or preserve existing secrecy laws?

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The FOI Bill 2026 Largely Preserves Existing Secrecy Laws

The Freedom of Information Bill 2026, while representing a step towards greater transparency, falls short of dismantling existing barriers and instead preserves many legal and administrative restrictions that have historically limited public access to government information. Rather than establishing a presumption that information held by the government belongs to the public, the Bill largely maintains a culture of secrecy, reinforcing rather than challenging established practices.
Subordination to Other Written Laws

A primary structural weakness identified in the FOI Bill 2026 is its explicit subordination of the right to information to other existing written laws. This provision allows pre-existing legal frameworks to continue restricting disclosure, effectively preserving the status quo of secrecy rather than actively dismantling it. The Bill does not challenge these existing barriers but instead allows them to remain in place, limiting the scope and impact of the new freedom of information legislation.
Reinforcement of Secrecy Through Application Requirements

Clause 6 of the FOI Bill 2026 reinforces existing secrecy by requiring applicants to demonstrate a "proper and tangible interest" in the information they seek. Furthermore, applicants must also show that they have been prejudiced by the actions of a public authority. This requirement shifts the burden onto the citizen to justify their need for information, rather than operating on a principle where information is presumed to be public unless there is a compelling reason to withhold it.
Constitutional Weakening and New Legal Risks

The Bill contains provisions that weaken its constitutional foundation and introduce new legal risks for citizens. Clause 22 expressly states that the Act does not create a basic liberty under the Federal Constitution, potentially diminishing the inherent right to access information. Additionally, Clause 18 criminalises the use of lawfully disclosed information if it is inconsistent with the purpose stated in the original application, carrying penalties of up to RM100,000 fine or five years' imprisonment, thereby creating new legal hazards for those seeking to expose matters of public interest.
Continued Regulation of Disclosed Information

Even when information is lawfully disclosed, the FOI Bill 2026 continues to regulate its use. This contrasts with practices in mature democracies where once information is released, it enters the public domain for free analysis and debate. By continuing to control the use of disclosed information, the Bill creates new legal risks for citizens and hinders the open sharing and discussion of government-held data, thereby preserving an element of secrecy even after disclosure.

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How does the FOI Bill 2026 challenge or preserve existing secrecy laws?

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