Freedom of Information
Freedom of Information in Malaysia: Penang’s Experience and Why It Matters
Information Sign
© Photo by Julian Rösner on UnsplashIn a recent three-part article series, Malaysiakini steers the spotlight to the Penang Freedom of Information (FOI) Enactment, a law which guarantees the rights of the public to ask for the disclosure of information made under the jurisdiction of the Penang State Government’s Departments, especially when it concerns public interests. In Malaysia, the FOI has so far only been enacted in two states, Selangor and Penang (gazetted in 2011 and 2012, respectively). However, implementation on the federal level has also consistently been discussed, with civil society actors highlighting the FOI as an inseparable part of democracy and a tool to mitigate political corruption. Still, questions remain: how does the FOI Enactment work so far? Has it actually helped citizens in Malaysia to obtain access to state information for the benefit of the public? Malaysiakini turns to Penangites on the ground—those who have tried to use the law themselves and felt its impact firsthand.
PENANGITE TAKES ON CITY COUNCIL
Original article authored by Sheridan Mahavera and Dania Kamal Aryf
Ravinder Singh is a Penang resident teacher who lives in Batu Maung, next to Bayan Lepas, known for its semiconductor industrial parks and the Penang airport. He is challenging the decision made by the Penang Island City Council (MBPP) to give a permit for the construction of a 484-unit high-rise apartment in Desa Jelita, one of the housing estates in Batu Maung. Historically, the neighbourhood was designated to only accommodate low-density housing such as landed houses and five floor flats. This was further confirmed by the authorities when questioned by Ravinder himself who did some research into the area before buying his house in the early 2000s and also in the 2020 Penang Structure Plan. However, over the years, the neighbourhood has witnessed an increasing number of housing and apartment developments which contributed to congested traffic and reduction in pedestrian walkways, as they have been converted into parking lots to accommodate the cars of new residents.
Ravinder’s challenge is rooted in his concerns, which are also shared by his fellow residents, about this worsening traffic and road conditions. With the development of the new high-rise apartment, the roads predictably are only going to get more packed and overloaded. For that reason, Ravinder raised the issue to the relevant authorities by utilising the Penang Freedom of Information (FOI) Enactment. It enabled him to request access to the traffic impact assessment (TIA) and road and drainage plans for the new apartment project. At first, his request for the documents was rejected by the City Council, however, after filing an appeal with the Penang FOI Enactment appeals board, he eventually obtained what he was seeking for. Armed with this information, Ravinder began to build a case against the development of the project.
Responding to Malaysiakini’s inquiries of the issue, the Penang Island City Council said that it has received the objections from the residents and that “[a]ll issues that have been raised involving traffic and safety have been comprehensively taken into account before a decision was made.” Furthermore, the City Council asserted that it “will continue to monitor the implementation of this project to ensure that all conditions are met including the aspects of safety, traffic management and the welfare of the locals.” Such conditions are imposed for the developer to implement as part of the project’s approval terms.
RESISTING RECLAMATION
Original article authored by Sheridan Mahavera
In a similar vein, fishing communities and other civil society groups in Penang went to court to oppose the state government’s plan to build three artificial islands off the coast of Bayan Lepas – or otherwise known as the Penang South Islands (PSI) reclamation project. Represented by fisher Zakaria Ismail and six other fishers, along with Sahabat Alam Malaysia and Network for Ecology and Climate (Jedi), the group reasoned that the project would not only destroy the area’s ecosystem, but also adversely affect their livelihoods.
They made use of the Penang Freedom of Information (FOI) Enactment to make a case against the reclamation in a judicial review filed at the Penang High Court in December 2023, similar to what Ravinder Singh did for his neighbourhood. Under the Enactment, the responsible government department is required to address and reply to all requests for information within 14 working days. In the group’s case, they only needed to follow up once before finally receiving the requested document with no extra cost, as confirmed by Evelyn Teh from the Network for Ecology and Climate (Jedi).
Through the FOI, the activists were then able to acquire the planning approval document of the reclamation project and argued that state government agencies failed to comply with certain provisions of the Town and Country Planning Act (TCPA) 1976 when it approved the project. However, in July 2024, the Penang High Court dismissed the application, ruling that it was filed out of time and that the respondents had already complied with the TCPA by that time.
Following this, the group has since filed an appeal against the Penang High Court’s dismissal, which is set to be heard on May 14.
IN THE NAME OF OPENNESS
Notwithstanding the outcomes, it is clear that both Ravinder’s and Penang South Islands Reclamation’s cases demonstrated the significance of open access to government-held information which concerns public interest. The FOI Enactment, gazetted in Penang more than a decade ago in 2012, provides a legal basis that allows rooms for public scrutiny and encourages civic participation. This, in essence, represents what a functioning democratic society should be. The public performs its rightful monitoring function on public services as well as government spending and policies to ensure that the decisions made by the authorities remain in the best interests of the public.
At the same time, it is also worth noting that there is still room for improvement in ensuring the FOI Enactment is implemented in a more consistent manner. For instance, in Ravinder Singh’s case, he had to file an appeal first to overturn the rejection to his request before finally being granted access. But, in the Reclamation case, access was granted after just one follow-up. And this is only in Penang Island. The process differs in Mainland Penang where FOI requests should be made online, in contrast to Penang Island where in-person requests are required. They might also differ in Selangor — the only other state in Malaysia with FOI Enactment.
Nevertheless, the FOI Enactment in Penang and Selangor could serve as valuable insights and practical references should Malaysia choose to implement a more comprehensive framework at the federal level — ensuring greater transparency, accountability, and consistency in access to information nationwide.
Building on these state-level experiences would allow policymakers to move forward with a clearer sense of what works and what needs to be improved in practice, rather than starting with a blank slate.
Read the full three-part article series by Malaysiakini here (requires subscription):
*Dhea Ramadhani is the program assistant and communications officer of the Malaysia Office of the Friedrich Naumann Foundation for Freedom.