Silenced whistles : the dysfunctional application of whistleblower protection law in Malta

Abstract

Whistleblowing legislation in Malta was introduced in 2013 to establish procedures that allow employees (public and private organizations) to report unethical behaviors or practices by their employers or fellow employees. The law had to ensure that whistleblowers are safeguarded against retaliation for their disclosures, however, legislation has ultimately been ineffective due to its flawed design and implementation. In this paper we argue that the law has been the converse of its intended effect - silencing rather than empowering whistles; invoked arbitrarily and discarded judiciously. In this study we provide a historical context for its introduction and then carry out a comparative analysis of three scenarios on how it has been used (and misused). In the third part we invoke the EU Directive and test the Act. Finally, we suggest that the inadequacies of the legislation have resulted in potential whistleblowers being deterred from coming forward, as they face the possibility of arrest and liability without any reassurances. We conclude by suggesting constructive recommendations for transforming this legislation into an effective instrument that will unequivocally and unconditionally safeguard whistleblowers.