Whistleblower Protection Laws Research Articles

Exploration of Emerging Trends and Paradigms in Leadership and Governance Research and Practice in Thailand

Purpose: The aim of the study was to investigate the exploration of emerging trends and paradigms in leadership and governance research and practice
 Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries.
 Findings: Emerging trends in Thai leadership and governance highlight a shift towards inclusive decision-making, ethical frameworks, and digital engagement. Sustainability and environmental stewardship are gaining importance, reflecting global concerns. This dynamic landscape blends traditional values with evolving practices.
 Unique Contribution to Theory, Practice and Policy: Transformational leadership theory, complexity leadership theory & adaptive governance theory may be used to anchor future studies on the exploration of emerging trends and paradigms in leadership and governance research and practice. Implementing leadership development programs based on evidence-based practices and theories of effective leadership Developing policies to enhance transparency and accountability in government institutions, such as open data initiatives or whistleblower protection laws.

The Importance Of Whistleblower Protection In The Environmental Sector

Whistleblower protection in the context of the environmental and Natural Resources sector is a key element in efforts to prevent corruption and sustainable management. This sector has a direct impact on human lives and societal well-being, and therefore, maintaining its integrity is essential. This research outlines the importance of whistleblower protection in the environmental and natural resources sectors. The method used in this research is normative with a doctrinal approach. Protection of whistleblowers has an important role in maintaining transparency and accountability in the environmental and natural resources sectors. Through the protection provided to whistleblowers, corrupt practices can be exposed and accountability can be realized. However, challenges and limitations still exist, and concerted efforts are needed to improve the implementation and effectiveness of these laws. With continued efforts, whistleblower protection laws can become a powerful tool in promoting transparency and accountability in the environmental and natural resources sectors.

Laws on Protection of Whistle Blowers

Whistleblowing, an act often shrouded in complexity and controversy, emerges as a vital mechanism in upholding ethical standards and accountability within our societal framework. It embodies the courageous act of revealing malpractices, illegalities, or unethical behavior within an organization by insiders who are driven by a sense of duty or personal values and choose to unveil hidden truths that could otherwise remain concealed. Today, the significance of whistleblowing reverberates across various sectors, from corporate environments to government entities and non-profit organizations. It acts as a moral compass, steering us toward transparency, accountability, and the preservation of ethical standards. This paper delves into the multifaceted history and global landscape of whistleblower protection laws and their evolution. The rise of legal protections and frameworks for whistleblowers marks a positive shift. Nations across the globe have recognized the need to shield these individuals from retaliation, offering safeguards and avenues for reporting that prioritize their safety and well-being.

Elevating South Africa’s Entrepreneurial Activity in the Fourth Industrial Revolution Era

The objective of this research is to appraise the level of entrepreneurial activity in South Africa and to identify the challenges to implementation of the fourth industrial revolution (4IR) that obstruct the leveraging of 4IR technologies to boost entrepreneurial activity in the country. A conceptual exploratory literature review approach was applied. This study’s results show that a high unemployment rate, the quality of entrepreneurial support initiatives, physical infrastructure, enterprise funds and increased economic freedom are enablers of entrepreneurial activity in South Africa. High data costs, poor digital technological preparedness, an unreliable energy supply, data protection and cyber security risks, among other factors, were identified as obstacles to 4IR implementation. We, therefore, recommend a 4IR fund, mandatory data price laws, proactive policing, further public–private partnerships, enhancement of whistle-blower protection laws, among others, as solutions to buoy entrepreneurial activity through application of 4IR technologies. These results signal the need to ensure a synchronized effort by all relevant spheres of government to address the 4IR implementation challenges and enhance entrepreneurial activity for South Africa’s economy.

Prevention of corruption offenses by public officials: Experience from European Union countries

The article analyzes the effectiveness of preventive anti-corruption measures in the countries of the European Union EU. The study involved comparison and forecasting methods. The results showed that the EU is leading its efforts to develop anti-corruption legislative initiatives and their implementation at national and international level. Whistle-blower protection laws adopted in EU countries are important tools for exposing illegal activities committed in organizations. Transparency of public administration in Denmark and Finland contributes to the maintenance of moral and legal standards in society. The Danish Code of Conduct in the Public Sector and the Finnish Anti-Corruption Guide for Small and Medium-Sized Enterprises have become documents that help promote corruption-free business relationships. The Finnish Harmaa (gray) project is an example of how data analytics helps law enforcement agencies process large volumes of data to prevent corruption offenses. It is concluded that the initiatives of EU countries to prevent corruption of officials can become an example for Ukraine during post-war recovery.

Evaluating the effectiveness of whistleblower protection: A new index

Abstract Many international organisations have recently acknowledged the significance of whistleblowing in preventing institutional corruption, particularly in the public sector. Likewise, many countries have enacted whistleblower protection laws, though a robust whistleblower protection system certainly requires much more than legislation. One challenge in developing effective protection systems is finding empirical evidence to evaluate existing systems. Can we measure the effectiveness of whistleblower protection systems accross different countries? What conditions do we need to make the whistleblower protection system work effectively in the public sector? This paper investigates two cases: South Korea and the Republic of Kosovo. South Korean data comes from the Anti-Corruption and Civil Rights Commission of South Korea, while its counterpart from Kosovo comes from a survey of 400 public officials about whistleblower protection. By analysing both datasets, this paper creates a new index that evaluates the effectiveness of whistleblower protection. Composed of quantitative and qualitative sub-indices, the index serves as a digital comparison tool for assessing whistleblower protection systems across different countries and at different times. In addition to enacting high-quality laws, this index identifies several additional measures that can strengthen whistleblower protection systems in the public sector.

Section 806 of the Sarbanes‐Oxley act: Can the fraud triangle prevent fraud in the finance sector?

AbstractSection 806 of the Sarbanes‐Oxley Act of 2002 provided an important update to whistleblower protection laws in the United States. The fraud triangle can be an important aspect of corporate wrongdoing. The concern is whether the fraud triangle can actually prevent fraud. Special focus is placed on the finance sector in the Unites States. Three cases in the finance sector were examined based on their whistleblower complaints filed under the Sarbanes‐Oxley Act. Whistleblower protections following SOX were analyzed. The focus is on the Dodd‐Frank Act of 2010. A conclusion was reached explaining the effectiveness of whistleblower protections under the Sarbanes‐Oxley Act of 2002.

Understanding the challenges to investigating and prosecuting organ trafficking: a comparative analysis of two cases

AbstractThe human organ trade is proliferating globally. However, far fewer cases have been prosecuted than would be expected based on estimates of the crime. Research exploring the challenges to investigating and prosecuting organ trafficking cases is practically non-existent. Also no studies exist that explain these challenges utilizing a criminal justice framework. This article aims to explain the legal, institutional and environmental factors that affected the investigation and prosecution of two organ trafficking cases: theNetcare case,exposed in South Africa and theMedicuscase, exposed in Kosovo. It analyzes these factors through a comparative, mixed-method design, utilizing a theoretical criminal justice framework. Both cases constituted globally operating criminal networks involving brokers and transplant professionals that colluded in organizing illegal transplants. Both cases contained human trafficking elements, however only the Medicus case was prosecuted as a human trafficking case. Legal uncertainty, a lack of institutional readiness and cross-border collaboration issues hampered investigation and prosecution of the Netcare case. The Medicus case also reported problems during cross-border collaboration, as well as a corrupt environment and institutional barriers, which impeded a successful case outcome. Recommendations to improve enforcement of organ trafficking include improving identification of suspicious transplant activity, strengthening cross-border collaboration and enhancing whistleblower protection laws.

Trends in State Whistleblowing Laws Following the Whistleblower Protection Enhancement Act of 2012

Recognizing the importance of whistleblower protection, government has equipped itself with legal tools to protect whistleblowers. At the federal level, the Whistleblower Protection Enhancement Act (WPEA) of 2012 represents the most recent legislative action protecting whistleblowers. Currently, all 50 states have their own whistleblower protection laws. However, given the variations among states in statutory protections for whistleblowers, a need exists to examine important changes to state whistleblower laws in light of larger legislative trends at the federal level. This study addresses this research gap by exploring how state whistleblower protection laws have changed following passage of the 2012 WPEA through the lens of institutional theory. Content analysis findings suggest that post-WPEA state whistleblower laws have adopted changes directly reflecting WPEA provisions. The findings further suggest that post-WPEA state whistleblower laws also contain changes which display loose connection to primary components of the WPEA.

The Feasibility of a Public Interest Defense for Whistleblowing

It is commonly stated, by both whistleblower protection laws and political philosophers, that a breach of state secrecy by disclosing classified documents is justified if it serves the public interest. The problem with this defense of justified whistleblowing, however, is that the operative term – the public interest – is all too often left unclarified. This is problematic, because it leaves potential whistleblowers without sufficient certainty that their disclosures will be covered by the defense, leading many to err on the side of caution and remain silent, depriving the public of much-needed information. Failing an agreed upon definition of the public interest or a process to determine it, judges’ applications of the public interest in whistleblowing cases have been criticized for demonstrating ‘judicial idiosyncrasy’. The present paper, therefore, sets out to (1) provide some clarity concerning the concept of the public interest, and (2) to ascertain the extent to which a public interest defense for whistleblowing is feasible and desirable.

Organizational protection for whistleblowers: a cross-national study

ABSTRACTWhistleblowing is recognized as an effective means to mitigate organizational corruption. However, there is little empirical research that broadens our understanding of organizational strategies that enhance perceived organizational protection for whistleblowers. We aim to fill this gap in the literature by empirically examining a multi-pronged approach to improve this organizational outcome in diverse countries and contexts. A multi-dimensional theoretical framework utilized in this study emphasizes the role of an ethics-oriented climate; ethical leadership behaviours; structural provisions for ethics management, and an awareness of whistleblower protection laws in enhancing perceived organizational protection for whistleblowers.

Protecting Journalists’ Sources Without a Shield: Four Proposals

Journalists’ right to protect the identities of their confidential sources relies on an inconsistent set of court decisions based on constitutional and common law interpretations and state statutes. Efforts to bring some consistency to federal law through the passage of a shield law have stalled while journalists face new threats because of the vulnerability of their communications to discovery and monitoring by third parties. Also, the entry of non-professional communicators into the news ecosystem is causing courts to reevaluate and redefine long-standing protections. This article proposes four ways that sources could be better protected from unmasking without the passage of a shield law: improving whistleblower laws to better protect people who report illegal or unethical actions to the media; vastly reducing the number of government secrets to make “leaking” less attractive or necessary; changing legal strategy to focus on protecting the anonymity of sources instead of the rights of journalists to keep secrets; and more widespread and intelligent use of encrypted applications and software could all improve the security of journalistic sources. Because of the complexity of amending multiple whistleblower protection laws and changing the government’s document classification system, the article argues that the best solutions may be to persuade news organizations to change legal tactics and to use better encryption technology.

Would the Singaporean Approach to Whistleblower Protection Laws Work in Australia?

Would the Singaporean Approach to Whistleblower Protection Laws Work in Australia?

Comparison of Whistle-blower Protection Mechanism of Select Countries

Whistle-blower protection mechanisms (WPMs) play a critically significant role in combating corruption through ethics, corporate governance and statutes. This article examines the essence of whistle-blower mechanism existing in the developed and developing countries in order to unearth the legislative structure of countries supporting the whistle blower mechanism and pursuit of ethical conduct for sound corporate governance. The article attempts to identify, evaluate and analyse the attributes of whistle-blower mechanism across nations and finds that despite off-symmetric attributes, the mechanisms are asymmetric specific to the countries’ corporate culture. It has also been found that most significant attribute of a sound whistle-blower mechanism is the level of protection provided to the whistle-blowers followed by coverage of sectors, anonymity and the regulator of whistle-blowing complaints in the country. The attributes vary widely across nations on the basis of coverage of sectors, anonymity withheld and the level of protection, with United States of America delivering the best protection to whistle-blowers trailed by Australian whistle-blower protection laws and then South Africa; India, China and Indonesia lag considerably behind in having a sound whistle-blower mechanism.

Social Networking and Leadership Accountability in (Quasi) Secret Organizations

Almost a century ago, United States Supreme Court Justice Louis Brandies articulated an insightful analysis in a Harper’s Weekly article titled What Publicity Can Do.1 He noted that “[p]ublicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” Justice Brandeis’s idea vis-a-vis the virtues of publicity had germinated more than two decades prior when he expressed an interest in writing a companion piece to his article The Right to Privacy. This time, however, he would focus on the duty of publicity. He noted that he had been thinking “about the wickedness of people shielding wrongdoers & passing them off (or at least allowing them to pass themselves off) as honest men.” His proposed remedy was that, “[i]f the broad light of day could be let in upon men’s actions, it would purify them as the sun disinfects.” Fortunately, we live in an era in which organizations have difficulty keeping their conduct in the dark. The Sarbanes-Oxley Act and whistleblower protection laws amplify the sunlight cast upon organizations. But there are, for a range of reasons, organizations that operate in the shadows — possibly due to the law but certainly due to internal dynamics. A classic example is black Greek-letter organizations (“BGLOs”). These organizations, with their secret rituals and yet public operations, are now more than one century old and have a membership that is a veritable who’s who in black American achievement. In the past few years, several of these organizations have been rocked by scandals about their national presidents engaging in financial malfeasance with organization funds. What is more interesting is that members have had tremendous difficulty addressing these issues. There are, after all, a number of organizational dynamics that might constrain BGLO members from being able to hold their leadership accountable for financial malfeasance. This Article contends that where organizational mechanisms militate against leadership accountability, (quasi) secure social networking sites may be the best hope for (quasi) secret organization members to hold their leaders accountable.

Freedom of expression as the “broken promise” of whistleblower protection

The recent unfolding of whistleblower protection is history repeating itself. At the end of the 20th century, debates in many countries on whistleblower protection were initially framed in terms of protecting freedom of expression ; whistleblowing was a human right that had to be protected. None of these discourses was maintained. Hence, Whistleblower protection laws came about through an anti-corruption agenda, not a human rights one. A paradox of whistleblower protection is that free speech drove it but was irrelevant in bringing it home. Because of that, the whistleblower protections in many countries are able to deal with some issues of fraud, corruption, and other wrongdoing, but do not recognise the fundamental human right of freedom of expression when the public needs to be warned in cases where those who rule us breach human rights. And, because the freedom of expression element is missing, there remains whistleblowing that causes scandal ; there remains whistleblowing for which there are no adequate institutional arrangements.

Combating Corruption and Foreign Bribery -A Critique of South Korea’s New Compliance Officer and Whistleblower Protection Laws

Combating Corruption and Foreign Bribery -A Critique of South Korea’s New Compliance Officer and Whistleblower Protection Laws

Meritocracy in Asia Pacific

This article provides an analysis of definitions and tools of merit systems in Asia compared to the United States. It traces the history of meritocracy in Asia and describes real practices in selected countries. The analysis is based on a framework investigating five dimensions of Merit systems: recruitment criteria; corruption in recruitment and promotion; political affiliation and influence; level of centralization of recruitment and promotion processes; and the extent of merit-protection regimes. Data are derived from a large-scale survey of civil servants of seven countries (United States, China, South Korea, India, Taiwan, Malaysia, and the Philippines) and interview data from two countries (Thailand and the Philippines). Findings suggest that recruitment criteria in Asia are highly reliant on central examinations and education qualifications are becoming more important in many countries. Installed prior to democracy, merit systems in Asia are intended to build strong and loyal bureaucracies to shape an elite class capable of running the country. Despite having central exams, many Asian countries continue to face the problem of corruption and patron–client problems in recruitment and promotion. This stems from historical experiences and the loopholes in these processes. Merit systems in Asia are primary intended to remedy this problem rather than the issue of political intervention as understood in the United States. The study also reveals the relations between having a centralized system of recruitment and the need to be flexible and fast in hiring. Lastly, findings suggest Asian countries lagging behind the United States in terms of merit-protection regimes that include whistleblower protection laws and trainings on ethics and merit. This could be the answer to ensuring Meritocracy in Asia.

Whistleblowing—Is it Really Worth the Consequences?

This article explores general principles of state whistleblower laws and alerts nurses to considerations when deciding whether to report an employer violation. Reporting an employer violation can be difficult for any employee but especially for nurses because nurses are torn between their desire and duty to advocate for clients' safety and their desire to maintain employment. The author suggests questions to consider when deciding to "blow the whistle" and alerts nurses to statutes of limitations that may affect when nurses must report violations. The article also illuminates policy and procedural issues for various states that affect how and to whom nurses report violations to protect themselves under whistleblower protection laws. Finally, this article explores personal and professional consequences that nurses should consider before reporting violations.

The Protection of National Security Whistleblowers: Imperative But Impossible A Critical Appraisal of the Scope and Adequacy of Whistleblower Protection Laws for National Security Whistleblowers

The purpose of this paper is to undertake a critical assessment of the provisions, application and enforcement of whistleblower protection laws specifically accorded to employees in the intelligence and national security sectors. The underlying argument of this paper is that national security whistleblowers play an important role in promoting accountability and contributing to a system of checks and balances, but the current legal framework for their protection has significant weaknesses, resulting in a system that has been rightly described as “Kafka-esque.” It is this author’s opinion that national security whistleblowers should be subject to narrower provisions of whistleblower protection because of the sensitive nature of the information to which they are privy and in turn, may disclose. However, this paper seeks to demonstrate that a balance can and should be struck between protecting both the whistleblower and national security interests, but that the current system as it stands falls short of achieving this.