Malaysia's Freedom of Information Bill 2026, Clause by Clause: Who Can Ask, What Is Off Limits, and Why It Is Not Law Yet
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Malaysia's Freedom of Information Bill 2026, Clause by Clause: Who Can Ask, What Is Off Limits, and Why It Is Not Law Yet

The Freedom of Information Bill 2026 was tabled on 13 July and is still with a parliamentary select committee after a national town hall on 28 September. We read the bill itself. It lets Malaysian citizens aged 18 and above ask federal bodies for information, sets a 15-working-day decision clock and a 48-hour one for life-and-liberty cases, but lists 17 kinds of exempt information, keeps the Official Secrets Act on top, and leaves the fee unset.

Marcus Wong29 September 20267 min readUpdated 14 Oct 2026

> Built from the Freedom of Information Bill 2026 itself, downloaded from the Parliament of Malaysia's bills page and read clause by clause on 29 September 2026, with the town hall reporting from Malay Mail and The Star (28 September 2026) and the Centre for Law and Democracy's analysis (12 August 2026).

Malaysia has talked about a national freedom of information law for more than a decade, and on 13 July 2026 one finally reached the Dewan Rakyat. Law and Institutional Reform Minister Azalina Othman Said tabled the bill for first reading, and the next day the House sent it to a Parliamentary Special Select Committee instead of pushing it to a vote. On 28 September the committee held a national town hall in Parliament. Azalina told the room the bill "must genuinely provide access" and admitted the current draft has many weaknesses.

So the question most people are asking is simple: if this passes as written, what could you actually get? The answer is in 23 clauses, and it is narrower than the name suggests.

Who could make a request, and for what

Clause 5 limits requests to Malaysian citizens aged 18 and above. You can also ask on behalf of someone else only as their legal guardian, legal heir or estate administrator. The request must be in writing and give your name, IC number, home address and contact details, the information you want, and your purpose. It must come with a fee "as may be prescribed" by the Yang di-Pertuan Agong. No amount has been set.

Clause 6 is the part most people miss. A request "may be allowed" only for four purposes:

  • verifying or correcting your own personal information (or that of someone you represent);
  • non-commercial research or study by a student, trainee or researcher at a Malaysian institution;
  • reporting by a media practitioner, as defined in the Malaysian Media Council Act 2025;
  • any other lawful purpose, but only where you have a "proper and tangible interest" and have been prejudiced by the act of the public authority.

Clause 6(2) then adds that none of these purposes gives anyone, including the press, a right to the information.

Who would have to answer

Clause 3 defines a public authority as the Federal Government, the Parliamentary Service, federal statutory bodies, and the local authorities of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya. The explanatory statement says plainly that it does not extend to state governments, state statutory bodies or other local councils.

In practice, DBKL would be covered and a Selangor council such as MBPJ would not. Selangor (2011) and Penang (2010) already have their own state freedom of information enactments, and the federal bill leaves them alone.

The deadlines

  • 15 working days to decide (clause 8).
  • 14 working days after a "yes" to hand the information over.
  • 48 hours to decide if the request concerns the life and liberty of an individual.
  • Up to 21 more working days if there are many documents or the records sit in another state, city or district.
  • If refused, you get written reasons and 14 working days to appeal to the head of the authority (clause 11).

What you could be refused

Clause 9 allows refusal if the information is exempt, already public, does not exist, contains a third party's personal data, the request is "vexatious or unreasonable", or the same request was rejected in the past six months.

Clause 12 then lists 17 exempt categories. The first covers anything protected as an official secret or under any other written law. Others cover law enforcement and investigations, tax collection, trade secrets, the commercial or financial interests of the authority, ongoing research, confidential third-party information, legal and medical privilege, court and tribunal proceedings, personal information, unpublished government communications, and any opinion, advice or deliberation between officers and ministers.

The explanatory statement is blunt about the design: the bill is "purely procedural", it preserves the primacy of existing secrecy laws, and it creates no substantive right to disclosure. Clause 22 adds that nothing in it is to be read as a fundamental liberty under the Constitution.

Appeals and penalties

After the internal appeal, clause 13 sends you to the Ombudsman. But the bill cites the Ombudsman Act as "20…", with the number left blank, because that law has not been passed. The Ombudsman also cannot look at anything protected by the OSA or other laws. The last stop is judicial review in the High Court.

Clause 18 makes it an offence to use information contrary to the purpose you stated, to give false information in a request, or to destroy or alter records to block disclosure. Each carries up to RM100,000 in fines, five years in jail, or both.

Why critics want it rewritten

The Centre for Law and Democracy scored the bill 47 out of 150 on its RTI Rating, which it says would place Malaysia 137th of 142 countries with such laws. ARTICLE 19 and the Committee to Protect Journalists have both asked for it to be strengthened. Their main complaints match the text above: no public-interest override, a purpose test, federal-only scope, and an OSA that sits above everything.

What happens next

The select committee held its first meeting on 4 August, and Azalina said that day that it had three months to review the bill, with its report expected at Parliament's next sitting (Bernama, 4 August 2026). That sitting is the current one, which heard Budget 2027 on 9 October. As of 14 October we found no report that the committee had tabled its findings or asked for more time. On our own count, three months from 4 August runs to about early November, and the July motion allows an extension.

The order from here is: the committee's report and any amended bill, then a second reading and debate in the Dewan Rakyat, then the Dewan Negara, then royal assent. If it passes, the fee, the forms and the start date all come later, by order, regulation and gazette.

Until then, nothing changes: federal agencies have no legal duty to answer a request, and for state-level records the Selangor and Penang enactments remain the routes that already exist.

Frequently Asked Questions

Is the Freedom of Information Act 2026 in force in Malaysia?

No. As of 14 October 2026 it is still a bill. It was tabled for first reading on 13 July 2026 and referred to a Parliamentary Special Select Committee on 14 July, which held a national town hall on 28 September. Even after it passes, clause 1(2) says it only starts on a date the Prime Minister appoints in the Gazette.

Can I use the FOI Bill to get documents from my state government or local council?

Only if the council is DBKL, Perbadanan Putrajaya or Perbadanan Labuan. The bill covers federal ministries, federal statutory bodies, the Parliamentary Service and the three Federal Territory local authorities. State governments, state statutory bodies and state-created councils are excluded. Selangor and Penang have their own state freedom of information enactments for state-level requests.

How long would a government agency have to answer an FOI request?

Under clause 8 of the bill, 15 working days to decide and 14 working days after approval to hand over the information, extendable by up to 21 working days for large or multi-location requests. Requests concerning a person's life and liberty must be decided within 48 hours. A refusal can be appealed to the head of the authority within 14 working days.

How much will a freedom of information request cost?

Nobody knows yet. Clause 5(4) says each request must be accompanied by a fee prescribed by the Yang di-Pertuan Agong by order, and no order has been made because the bill is not law. The forms and procedures are also left to regulations the Prime Minister will make later.

When will the Freedom of Information Bill be passed?

There is no date. The Parliamentary Special Select Committee was given three months from 4 August 2026 to review the bill, with its report expected at Parliament's next sitting. As of 14 October 2026 no report had been tabled. After the report, the bill (possibly amended) still needs a second reading in the Dewan Rakyat, passage in the Dewan Negara and royal assent, and it starts only on a date the Prime Minister gazettes.

Related reads

*Cover image: the Dewan Rakyat chamber, Parliament of Malaysia, 2026. Photo by Wolfiewhite, CC0, via Wikimedia Commons.*

#Freedom of Information#Parliament#Law#Official Secrets Act#Azalina Othman Said#Transparency

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