November 5th saw the publication of Transparency International’s (TI) report on whistle-blowing in Europe and the legal protections that exist across the countries surveyed.
TI vigorously make the case that whistle-blowers are extremely valuable to society, in that they are crucial in exposing all manner of criminal conduct, wrong-doing and malfeasance in both the public and private sectors.
As the old saying goes, ‘sunlight is the best form of disinfectant’, so whistle-blowers, often putting their job or even their personal safety in jeopardy, shine a spotlight on information which has been hidden or ignored.
The report cites various cases including the fatal flooding of Hungarian villages by aluminium waste in 2010; the deaths of 193 people when a ferry capsized in Belgium in 1987 and the bribing of foreign officials by the German engineering conglomerate Siemens where it was left to whistle-blowers to report important information which employees or officials had not acted upon.
The report explores the legal protections that exist in 27 E.U. countries, with the perhaps surprising conclusion that only four countries, namely Luxembourg, Romania, Slovenia and the U.K., have full legal frameworks in place. 16 of the countries surveyed have only ‘partial laws in place’, whilst seven have ‘very limited or no legal frameworks’ to protect whistle-blowers. The report may therefore serve as a useful resource with respect to jurisdictional risk assessment.
The report blames a complex mix of political, social and historical factors for the lack of legal protection and for barriers to legal reform. Much of this stems from long-held suspicions of the motives of whistle-blowers. Are they in it to enrich themselves?
Why are they collaborating with authority? Is it right to ‘wash dirty laundry’ in public? Are they doing it to seek attention? These are some of the questions often asked when somebody goes public with sensitive information.
However, if we are agreed that whistle-blowers make a valuable contribution to society by exposing corrupt, illegal and immoral behaviour, then attitudes towards whistle-blowers need to change. Governments have parts to play both in enshrining comprehensive whistle-blowing rights and protections into law and in fostering a shift in the public perception of whistle-blowers from tell-tales to tellers of truth.
References and further reading
Definition: whistle-blower: one who reveals something covert or who informs against another.
Synonyms: betrayer, canary [slang], fink, informant, nark [British], rat, rat fink, snitch, snitcher, squealer, stoolie, stool pigeon, talebearer, tattler, tattletale, tell-tale.
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