What is the real reason for stricter penalties on information leaks?

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The Rationale Behind Stricter Penalties for Information Leaks Remains Unclear, With Conflicting Justifications Offered

Putrajaya is pursuing amendments to the Penal Code that would impose a jail term and a fine of up to RM1 million for the unlawful disclosure of government information. Minister in the Prime Minister’s Department Nancy Shukri has presented two primary justifications for these stricter penalties. Initially, she stated that the clause was designed to combat organised crime and safeguard national security. However, she also contended that the amendments are necessary to address instances where the government's reputation has been tarnished by "false exaggeration" in media reports concerning national interests and dignity. This dual reasoning has led to concerns about the true intent and potential scope of the new provisions.
Stated Aim to Combat Organised Crime and National Security Threats

One of the key justifications provided for the proposed amendments to the Penal Code is the government's stated intention to tackle organised crime and protect national security. According to Minister Nancy Shukri, the new clause is considered highly relevant, particularly in relation to offences against public justice. She indicated that the provision would offer legal practitioners and the judiciary a more accessible tool for prosecuting organised criminal activities. While the minister assured that the focus would be on situations posing a threat to national security and that individuals would not be arrested arbitrarily, specific examples or further definitions of what constitutes "organised crime" or a "national threat" in this context have not been elaborated upon in the provided materials.
Concerns Over Media Tarnishing Government Reputation Through "False Exaggeration"

Conversely, Minister Nancy Shukri also highlighted that numerous cases have arisen where the government's good name has been negatively impacted by what she described as "false exaggeration" in media coverage of issues pertinent to the country's interests and dignity. She emphasized that the dissemination of such information to electronic media, accompanied by false embellishments intended to tarnish the government, warrants serious attention. This perspective suggests that a significant driver for the stricter penalties is the perceived need to control narratives and protect the government's public image from critical or exaggerated reporting, a point that has drawn criticism from opposition lawmakers.
Ambiguity and Potential Overlap with Existing Legislation

The proposed clause has faced scrutiny from opposition lawmakers who argue that its wording is ambiguous and could inadvertently penalise individuals for revealing information that might not be classified as secret under the Official Secrets Act (OSA) 1972. They express concern that the broad scope could encompass any disclosure of information or matters obtained during the performance of official duties, potentially rendering all administrative information and government actions subject to secrecy. The government has acknowledged the possibility of future amendments, stating an openness to refining the law based on feedback, but the bill, as presented, has passed its third reading.
Scope of Application and Penalties

Clause 11 of the proposed amendments specifically prohibits civil servants from disclosing any information or matter acquired during their official duties. The penalties stipulated for this offence are substantial, including a fine not exceeding RM1 million or imprisonment for up to one year, or a combination of both. Furthermore, the clause extends its reach to individuals who receive such information from civil servants and subsequently share it with others, subjecting them to similar punitive measures. This broad application, covering both the initial leaker and subsequent disseminators, underscores the government's intent to impose significant consequences for unauthorised information disclosure.

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What is the real reason for stricter penalties on information leaks?

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