A CONSTITUTIONAL RIGHT OF ACCESS TO INFORMATION IN MALAYSIA?

Abstract

At the time of writing, for all intents and purposes, Malaysia does not expressly and incontrovertibly acknowledge the right of access to information. This article seeks to argue that Malaysia should recognise such a right. This article explores how such a right would be consistent with international human rights standards, regional human rights standards, Malaysia’s Cabinet policy decision on 11th July 2018, and the Federal Government’s current freedom of information practices. This article also examines how the Judiciary has in the past indicated its openness to the existence and/or applicability of such a right within Malaysian jurisprudence. This article lastly looks into how the right of access to information can become a constitutional right in Malaysia by way of judicial recognition and/or constitutional amendment.