G25 statement on key legislative reforms: Strengthening parliamentary independence and media freedom

The passing of the MMC Bill is a step forward towards self-regulation of the Malaysian media sector, seeking to strengthen freedom of the press and media accountability. We look forward to seeing the establishment of the Malaysian Media Council (MMC). However, meaningful reforms must go hand in hand with the repealing of any restrictive laws currently in effect, and must ensure that the MMC is a truly independent authority free from political or external influences. It is in the nation’s best interest for the government to support the MMC’s autonomy by establishing it as an impartial body. This will build trust as well as be a manifestation of a government that upholds freedom of the press and media integrity. Such measures will continue to improve our international reputation in upholding freedom of speech and expression, while at the same time nurture a more informed and engaged society.

The PS Bill, alongside the Constitution (Amendment) Bill 2025, pave the way towards the establishment of Parliament’s independent administrative framework. The reintroduction of such laws, after the unfortunate repeal of the Parliamentary Service Act 1963 (PSA) in 1992, is a long-awaited development to strengthen Malaysia’s legislature. These reforms are crucial towards securing the independence of our Parliament, our Legislature, being one of the three arms of government (the other two being the Executive and the Judiciary), thus reinforcing the constitutional doctrine and basic structure of separation of powers and the system of checks and balances. Such reforms, provided they contain the essential provisions, will be important steps toward establishing good and effective governance.

However, whilst the PS Bill and the Constitutional (Amendment) Bill 2025 acknowledge Parliament’s role as a separate and independent branch of government with the establishment of a Parliamentary Service Council (PSC), the provisions of the Bills, unfortunately, are still below expectations. The Bills still contain provisions that allow for continued Executive oversight, particularly where it concerns appointments, promotions, and disciplinary matters. For Parliament to truly function as a check and balance against the Executive and to preserve the principle of legislative independence, further refinements to the PS Bill and the Constitution (Amendment) Bill 2025 are necessary.

The Bills should ensure that the constitutional and legislative provisions that were removed in 1992 are restored and in improved form. Parliament must be conferred with the authority to directly manage its administrative affairs, and this must be clearly spelt out in the Constitution (Amendment) Bill and PS Bill, including in appointing and determining the conditions of service of parliamentary staff, especially the appointment of the Secretary of the Dewan Rakyat and the Secretary of the Dewan Negara; and in setting up an independent management body. These safeguards will minimize political influence on appointments.

Further, to enhance legislative independence in matters of internal administration, the role of representatives of the Opposition and Backbenchers in the PSC must be guaranteed. However, this is not clearly spelt out in the current version of either Bills.

The independence of Parliament, among other factors, depends on the security of tenure for its staff, how they are appointed and where they are appointed from. Protections must be given to guarantee job security for parliamentary officers to prevent them from being subject to political pressure or arbitrary dismissal. In this regard, it is disappointing to note that by virtue of Section 11(1) of the PS Bill, the Chief Administrator of Parliament may still be appointed from the general public service. To maintain neutrality, the Chief Administrator should be selected from within Parliament’s independent service, ensuring that the position is filled based on institutional expertise rather than external political considerations, and that there are fair promotion opportunities for those within the parliamentary service.

Currently, the PS Bill’s provisions regarding funding are also ambiguous. Provisions detailing the mechanism for budget allocation and management, including that of the establishment of a Parliamentary Budget Office, are needed to ensure independent financial oversight.

Beyond internal management, public accountability also needs to be addressed. Section 14 of the PS Bill contains secrecy provisions that could limit transparency in parliamentary affairs. While certain levels of confidentiality are necessary for security reasons, excessive restrictions on public access to parliamentary matters could undermine its accountability. The functioning of the PSC should be subject to oversight by a strengthened Parliamentary Select Committee to ensure that its actions remain transparent and free from undue influence. Moreover, a clear public reporting mechanism should be put in place to allow accessibility to parliamentary decisions and operations. If Parliament is to serve as the highest institution of public representation, it must remain open and accountable to the people.

While we recognize the PS Bill and the Constitution (Amendment) Bill 2025 as important first steps in parliamentary reform, we urge lawmakers to take every possible measure to strengthen them from the outset as they still fall short of achieving a completely autonomous Parliament. The Minister in the Prime Minister’s Department (Law and Institutional Reform), YB Datuk Seri Azalina Othman Said, described the efforts to amend the Federal Constitution and introduce the PS Bill as the "mother of all reforms" (Malay Mail, 25 February 2025). If this reform is to live up to that ambition, the final legislations that will be passed must fully reflect it. We agree with Dr. Wong Chin Huat in his article entitled, “PSA - Reformasi nostalgia 1963” in Sinar Harian dated 27 February 2025, that the PS Bill risks being a weaker version of the PSA 1963. The PS Bill fails to address the shortcomings of the 1963 Act or even improve on them. True reforms should not merely revive outdated provisions but instead introduce comprehensive safeguards that ensure genuine change for the better that is relevant to our time.

G25 calls upon Members of Parliament, at the second reading of these two Bills, not to hastily pass them, but to refer these Bills to the appropriate Parliamentary Select Committee, to scrutinise the Bills in depth with a view to improving their provisions towards enhancing the independence of Parliament.

We call on all stakeholders, including parliamentarians, civil society and the public to support the efforts to strengthen these legislations and safeguard the integrity of Malaysia’s parliamentary democracy and media freedom, in line with the MADANI commitment to institutional reform and good governance. Strengthening our key institutions will not only enhance governance but also boost international confidence in Malaysia as a stable and attractive destination for investment and tourism. It will foster economic growth, creating a more prosperous society where Malaysians of all backgrounds can take pride in our nation's progress. As opportunities expand and prosperity is shared, people will feel closer, building a greater sense of national identity and collective achievement.

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The press statement is issued by G25 Malaysia