Purpose – Industrial biofuels have been promoted as one solution to energy security, climate change and rural development, however many non‐government organisations argue that national biofuel policies could violate many individuals' right to food. Drawing specifically on the palm oil industry in Malaysia, this opinion piece therefore seeks to provoke debate on the relationship between rights and sustainability and whether emergent business and human rights regulatory frameworks grasp the complexity of business's impact on the right to food.Design/methodology/approach – The commentary draws on an analysis of disclosure made by all palm oil companies listed in the Malaysian stock exchange. The annual, corporate social responsibility reports and web pages for all companies as at June 2011 were reviewed. Each company's disclosures on human rights, sustainability and biofuel were analysed and related this to evidence of government investment. The primary objective in undertaking the content analysis was to ex...