The whistleblowing dilemma in Malta continues : a personal view and analysis

Abstract

For many years, Malta did not have a law which specifically dealt with whistleblowing. No law acknowledged or defended whistleblowers. As in other countries, whistleblowers in Malta have generally faced great difficulties and suffered retaliation for their deeds. A few years ago, whistleblowing was acknowledged in a few provisions in employment law but these were rather incomplete and were not supported by any proper structure. After a number of false starts, theMaltese Parliament finally passed a 'Protection of Whistleblowers Act' in 2013. This was the first ever comprehensive law on the subject; but is it good enough and do whistleblowers feel safe now? The writer argues that the law does not protect all disclosures and various onerous conditions have been imposed in the law. A prospective whistleblower should seriously consider his position before reporting wrong-doing or corruption in his work place. This chapter concludes that in Malta, despite the recent 2013 Act, whistleblowing remains a very risky and thankless decision.