Whistleblower Protection Research Articles

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.

Analysis of Anti-Retaliation Provisions of the Dodd-Frank Act in Relation to Foreign Whistleblowers

Given the increasing globalization of corporations and the interest of Congress in increasing the incentives for whistleblowing as shown in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (hereinafter Dodd-Frank Act or Act), the absence of significant anti-retaliation protection for foreign whistleblowers is of concern. The Supreme Court has ruled that it will not extend United States security laws to extraterritorial jurisdictions in Morrison v. National Australia Bank thereby limiting the ability of foreign whistleblowers to participate in the anti-retaliation provisions of the Dodd-Frank Act. The paper will first review the whistleblowing and anti-retaliation provisions of the Act before addressing whether the lack of these protections for foreign whistleblowers could undermine the effectiveness of the Act in relation to possible infractions by foreign corporation registrants with the Securities and Exchange Commission (SEC). The paper cites data regarding the number of foreign whistleblower reports, foreign corporation SEC registrants, and enforcement proceedings of the Public Company Accounting Oversight Board (PCAOB) to provide a basis for the conclusions reached.

The Right to Cross-Examination and Witness Protection in Ethiopia: Comparative Overview

Cross-examination particularly in the context of criminal trial is a human right recognized in international human rights law and the Ethiopian constitution. However, states are increasingly facing another pressing policy consideration – protecting prosecution witnesses who could otherwise be subject to intimidation, and who could even risk their lives for providing evidence in the administration of criminal justice. Witness protection has become an important public interest that justifies the restriction of the right to cross-examination. Without such protection, witnesses could be uncooperative for fear of reprisal and, in view of this, many countries (including Ethiopia) have introduced measures restricting face-to-face examination through, among others, the suppression of witness identity. A review of foreign academic literature and foreign case law reveals that, when considering demands for anonymity, courts exercise maximum caution to ensure that the right to cross-examine witnesses is not unduly infringed. The writer argues that a recent constitutional ruling by the Council of Constitutional Inquiry in favor of withholding the identity of prosecution witnesses has failed to properly balance between the right to cross-examine against protecting witnesses. The ruling is likely to have a negative effect on fair trial and can adversely affect the fundamental rights of accused persons in Ethiopia Key termsAnti-Terrorism Proclamation · Council of Constitutional Inquiry · Right to cross-examination · Ethiopian Constitution · Fair trial · Protection of witnesses and whistleblowers

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.

Whistle-blowing as a corporate governance mechanism: South Africa and Nigeria in perspective

ABSTRACTCorporate misconducts present challenges to the governance of modern corporations, not least because they undermine sound corporate culture and obstruct economic growth. One of the ways through which these misconducts can be exposed is through the mechanism of whistle-blowing. This article examines the role of whistleblowing in combating corporate frauds and misconducts. Using South Africa as the ‘foil’ to Nigeria, it describes the law and role of whistleblowing in a comparative context. It finds that while South Africa has taken steps to embed sound whistle-blowing practices within its jurisdiction, the concept is virtually non-existent in Nigeria. This is because there is no comprehensive legislation on whistle-blowing in the country, coupled with the dearth of strong institutions needed for the protection of whistle-blowers. The article, while making recommendations on how the concept can be strengthened, contends that with strong legal and institutional structures, whistle-blowing can amount to a powerful tool for the entrenchment of a robust and viable corporate governance mechanism in Nigeria.

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.

A study of whistle-blowing intentions of teachers working in higher education sector

PurposeThis paper aims to explore the key factors which influence whistleblowing intentions of teachers working with higher education institutions (HEIs) in India. Both internal and external whistleblowing intentions of the HEI teachers are studied by examining their relative intentions to report a potential wrongdoing to the authorities within the management of the institution and to the external statutory bodies. The reporting intentions of the HEI teachers are measured through the use of three vignettes related to academic frauds. Whistleblowing intentions are proposed to be determined by the individual, organizational and situational factors.Design/methodology/approachSurvey method of descriptive research design has been used to obtain the primary data regarding the individual, organizational and situational variables deemed to influence HEI teachers’ internal and external whistleblowing intentions. A self-administered structured questionnaire is used as survey instrument for primary data collection. The respondents’ internal and external whistleblowing intentions are measured through the use of three vignettes related to academic frauds. Non-parametric tests such as Mann–Whitney U test, Kruskal–Wallis test and Spearman correlations have been used to test the research hypotheses.FindingsThe study has found that the HEI teachers are more likely to blow the whistle internally if there is a proper communication channel in their organization for reporting wrongdoings. However, they do not hesitate to blow the whistle externally in the absence of internal reporting channel, especially in those cases of wrongdoings where they perceive the cost of reporting to be high. The high status of the wrongdoer and high costs of reporting discourage the teachers to blow the whistle internally. However, if the wrongdoer holds a very powerful position in the organization, then the teachers prefer to report his wrongdoing to external agencies as they are afraid of the likely negative repercussions of reporting against him internally. In case of serious wrongdoings, the teachers intend to blow the whistle within the organization rather than going to external agencies probably because they do not want to spoil the image of their organization in the external world.Research limitations/implicationsThe first limitation is that because of the unavailability of pre-tested vignettes in the context of academic frauds, the study has used three vignettes which have been developed on the basis of few case studies. Second, the results showed the existence of social desirability bias across all the three vignettes. Also, the study has been conducted among teaching professionals; therefore, the findings cannot be generalized to the professionals of other sectors.Practical implicationsThe findings of the study may bring awareness to the board of management of HEIs, regarding the importance of whistleblowing in their educational institutions. They should encourage the teachers working with their institutions to report the wrongdoings internally as external reporting may cause damage to their institute’s reputation. Proper reporting mechanisms should be designed and shared with the employees as a part of institutional culture.Social implicationsThe Whistle Blowers Protection Act passed by the Parliament of India in 2011 should be amended to include the private sector employees, especially the teachers working in higher education sector. This will encourage the HEI teachers to report the academic frauds fearlessly which will put a serious check on the growing number of frauds and wrongdoings in the education sector.Originality/valuePrevious research studies have discussed the factors influencing whistleblowing intentions in the context of various non-academic organizations. However, existing research has not adequately provided a better understanding of the influencing factors of whistleblowing intentions in higher education sector. The present paper addresses this gap by empirically examining the key factors which influence HEI teachers’ intentions of blowing the whistle and reporting the wrongdoings occurring in their institutions, in Indian context. An attempt has been made to identify the influencing factors of both internal and external whistleblowing intentions by using three different vignettes related with academic frauds.

Whistleblowing in Canada

Whistleblowing has only been utilized in the fight against corruption effectively the past couple of decades. Today, while many public sector employees enjoy sweeping legislative protections, a significant portion of the 12 million Canadians working in the private sector remain inadequately protected. This paper will explore the shortcomings associated with the present Canadian system and examine how our whistleblower protections can be strengthened by incorporating world leading measures from countries like the U.S., U.K., Japan, as well as others. A case for the enactment of uniform legislation aimed at protecting all whistleblowers in Canada will ultimately be made. Even though the beneficial consequences of such an act will be multifaceted and profound, chiefly because it will put an end to the unequal rights public and private sector workers are afforded, the scope of this essay will be largely limited to exploring how expanding whistleblowing protections will allow Canada to better fulfill its international anti-corruption obligations under the Corruption of Foreign Public Officials Act.

Tax Administrations’ Capacity in Preventing Tax Evasion and Tax Avoidance

We explore the role of tax administrations in the fight against inequality through data analysis of a survey consisting of 71 questions that we have designed and sent to the tax administrations of all EU Member States. The survey focuses mainly on the capacity concerning the enforcement of tax policies aiming at combating fiscal fraud and tax avoidance and on specific institutional aspects that can potentially explain a lack of enforcement. The paper explores the data we received from seven respondent jurisdictions and combines it with additional data available through the International Survey on Revenue Administration (ISORA). Our analysis covers, among others, topics such as the protection of whistleblowers, performance and staffing of large taxpayer offices, prosecution activities and the “revolving door”-phenomenon. These topics were chosen based on data gaps we identified in existing datasets available on capacity of tax administrations. Building on (preliminary) analysis of this data, we indicate several issues which we consider as potentially the most critical with regards to countering inequality; we also generate several hypotheses likely to be used in future research.

Legal position and protection of whistleblowers in Croatian law

In the context of labour relations, legal protection of the so-called "whistleblowers", persons who disclose or expose information on activity deemed illegal, unethical, or incorrect within an organization, is a highly delicate topic which does not cease to attract attention of contemporary labour law. When an employee is ready to report corruptive offences, it is necessary to activate the mechanism of legal protection aimed at protecting the whistleblower from unlawful dismissal and, concurrently, to initiate the procedure for determining the corruptive offence and ensuring clear safeguards to prevent possible abuses by either the employee or the employer. The paper looks into the regulation concerning the protection of rights of whistleblowers in comparative labour law context and the case law of European Court of Human Rights. The authors also analyse the latest efforts by the European Union in the area of legal protection of whistleblowers, as well as the most important European legal instruments. By enacting legal provisions on the protection to whistleblowers, countries actually contribute to the protection of public interest, the advancement of good governance, the strengthening of the rule of law, and the reinforcement of the fundamental democratic right to freedom of expression. In Croatia, almost all publicly known whistleblowers were immediately dismissed and, up to date, only one of them was returned to work on the basis of a court decision. Recently adopted legislative act on the protection of whistleblowers might contribute to changes and might provide long-sought legal protection to all those who report on corruptive practices in their workplaces.

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

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

Discussions of Specific Measures about Relaxing Protection Requirements under the Whistleblower Protection Act in Japan: From an Interview Survey of Whistleblowers who Disclosed Information to the Media

Discussions of Specific Measures about Relaxing Protection Requirements under the Whistleblower Protection Act in Japan: From an Interview Survey of Whistleblowers who Disclosed Information to the Media

Sygnalizacja jako przejaw obowiązku lojalności wobec pracodawcy?

The purpose of this article is primarily an attempt to establish whether whistleblowing can be considered as a symptom of the duty of loyalty towards an employer. The author seeks to set out the boundaries of loyalty between employer and employee and also presents the concept of whistleblowing and scope of protection which whistleblowers could count in Poland. Moreover, the author indicates the direction in which the Polish regulations of the protection of whistleblowers should take. Even though in the Polish law there are certain regulations on reporting misconduct in the workplace, they are contained in various legal acts and are typically incoherent and incomplete. Moreover, as confirmed by the judicial practice, these regulations do not guarantee effective protection of whistleblowers. It is assumed that an employee-whistleblower should act in good faith and should disclose wrongdoings at work for the sake of a social or public interest. The role of an employee should be limited to conveying the disturbing information to relevant people in the employee’s organization, and if there is no reaction – to competent external authorities or institutions.

WHISTLEBLOWER IN THE EUROPEAN LAW - WHISTLEBLOWER PROTECTION OR INFORMATION PROTECTION

This article attempts to presentation changes in system of protection of whistleblowers who report in good faith suspected acts of corruptionin the private and public sector, and their impact on national law. The author considers whether these provisions are intended to protect informers or only to protect the information provided.

“The process isn’t a case of report it and stop”: Athletes’ lived experience of whistleblowing on doping in sport

Whistleblowing is effective for exposing doping in sport, garnering increased support and promotion within the global anti-doping community. However, limited attention has been afforded towards understanding the doping whistleblowing process. In response, the authors convey a sense of the whistleblowing context by using the actual words of whistleblowers to illuminate their experience. To achieve this aim, the authors have adopted a narrative approach. Three doping whistleblowers were interviewed regarding their lived experiences of whistleblowing on doping and the data has been represented in the form of one composite creative non-fiction story. The story narrates the whistleblowing experience as a process whereby individuals must (a) determine what they witnessed and experienced was doping, (b) make the decision and take action to report it, and (c) deal with the myriad of consequences and emotions. It also highlights the dilemma faced by whistleblowers who are likely equally compelled to adhere to the moral of loyalty and fairness; yet in this context they are unable to do both. Stemming from the story presented and the forms of retribution experienced, the authors offer practical suggestions for sporting organisations to address in order to empower others to whistleblow on doping in sport. Specifically, organisations should establish and implement whistleblowing policies that: (a) provide protection for whistleblowers, (b) mandate whistleblowing education, and (c) identify an independent person for individuals to seek guidance and support from before, during and following the act of whistleblowing.

Whistle blowing and research integrity: Potential remedy for research misconduct in Malaysian institutions of higher education

ABSTRACTThis study found that less than half of the respondents are willing to blow the whistle. The results reveal that a lack of protection with regard to the whistleblower’s identity, the tedious investigative process, and the notion of avoiding confrontation, which is more apparent in Asian cultures as compared to the West, are among the reasons why individuals who witnessed misconduct chose to remain silent. Adhering to the Asian cultural upbringing where the young must respect the old, those of lower rank must obey those with higher authority, and subordinates do not question the actions of their superior, has become a norm even in the working environment. Therefore, emphasize the need for better protection for whistleblowers including using experienced individuals with a research ethics background to handle allegations from whistleblowers. In addition, established guidelines and procedures for whistleblowers with regard to voicing their allegations against colleagues engaged in research misconduct is still lacking or, to a certain extent, is still unknown to researchers. Thus, the concern indicates a need for institutions to create awareness among researchers regarding the existing platform for whistleblowers, or to develop a systematic and clear procedure which is reliable and independent to promote professionalism in academia.

On the Protection Program for Whistleblowers (Informants) in Cases of Corruption

Counteracting corruption, which is viewed as a systemic phenomenon, requires a complex approach. It is impossible to eradicate it using nothing but criminal law prohibitions. Combating corruption should also include other mechanisms that will make it possible to fight negative phenomena effectively. The authors make an attempt to study the issue of counteracting corruption with the help of criminal procedure tools. Witness protection is one of such tools, it includes not only witnesses of corruption crimes, but also persons that facilitate the detection of corruption and the uncovering of corruption schemes at the earliest stage of committing corruption crimes and offences - the stage of planning or attempting. The risk of corruption crimes is increased if there is no system to support and protect whistleblowers. The development and implementation of a system of measures aimed at protecting people that report corruption crimes and offences have a crucial importance for preventing corruption and establishing the rules of anti-corruption behavior for public officials and other persons. The program of protecting whistleblowers in cases of corruption is aimed at providing accessible and safe channels for reporting corruption violations, reliable protection of whistleblowers against all kinds of influence as well as the development of mechanisms to publicize information which would contribute to the reforms in the legislative and law enforcement spheres for the purposes of corruption prevention. At present there is a substantial gap in the Russian legislation in the sphere of disclosing information about corruption crimes and offences as well as a specialized system of whistleblower protection. The authors use the analysis of international legal acts and foreign legislation to research the problems of corruption whistleblowers and present suggestions on solving them.

Determinan intensi pelaporan pelanggaran: studi empiris pada Direktorat Jenderal Kekayaan Negara

Penelitian ini bertujuan untuk menguji pengaruh Sistem Pelaporan Pelanggaran, keadilan organisasional dan kepuasan kerja terhadap intensi pelaporan pelanggaran. Sampel dalam penelitian ini adalah 135 pegawai Direktorat Jenderal Kekayaan Negara. Teknik pengumpulan data menggunakan metoda survei. Hasil penelitian ini menunjukkan bahwa Sistem Pelaporan Pelanggaran dan keadilan organisasional memiliki pengaruh positif terhadap intensi pelaporan pelanggaran. Hasil penelitian ini berkontribusi terhadap pengembangan literatur, khususnya teori perilaku yang direncanakan. Secara praktik, temuan penelitian ini juga dapat dipertimbangkan sebagai masukan dalam menyusun dan mengevaluasi kebijakan Sistem Pelaporan Pelanggaran organisasi, khususnya terkait dengan perlindungan, penghargaan dan hukuman dari pelapor pelanggaran di lingkungan organisasi, khususnya di sektor publik.

The role of whistle blowing for public interest and the protection of the whistle blower in Nigeria

One of the functions of governments is the protection of public interest. The performance of this function is one of the criteria used in assessing governments’ credibility. Thus, the occurrence of whistle blowing in the interest of the public, and its aftereffect, improves the confidence or discourages subsequent observers of wrongdoings from disclosing. The article finds that Nigeria lack adequate laws to protect whistle blowers. It therefore recommends for an adequate protection of whistle blowers, including training and awareness of whistle blowing so as to adequately protect the whistle blower and sustain public interest.

Restoring Confidence in the Roman Catholic Church: Corporate Governance Analogies

Events of the Summer 2018 brought the long running sexual abuse crisis in the Roman Catholic Church back onto the front pages, highlighting the role of diocesan bishops in covering up the scandal and enabling abusers. In response to these developments, the Church is again considering reforms to protect victims and punish abusers and enablers. This article proposes that the Church create a system for laity to anonymously report allegations, enact strong protections for whistleblowers, and impose a mandatory whistleblowing requirement on priests. As a 2018 Pennsylvania grand jury report demonstrates, however, the laity was reporting the abuse to the Church but the hierarchy buried those reports in secret files. The ultimate problem thus is not so much the lack of reporting, as it was the lack of action after the report. Accordingly, the article’s principal proposal is the creation of both diocesan and national disciplinary bodies led by expert lay members as the ultimate authorities in sex abuse cases. The proposal draws an analogy between these bodies and corporate audit committees and argues that a number of aspects of how audit committees function can be usefully adapted to the proposed review bodies. This version of the article has been revised to take into account developments at the February 2019 Vatican summit on the sex abuse scandal. Those developments do not change the recommendations made herein.