Essential elements of whistleblower legislation

Abstract

Whistleblowing is not strongly rooted in Maltese legal practice, and as a concept has always been viewed somewhat suspiciously. This thesis endorses the argument that the time has come for whistleblowing to be tackled more energetically and for effective legal protection to be advanced to those who wish to expose wrongdoing. Whistleblowing is a multidisciplinary concept, and thus the following study necessitates the examination of various aspects of the law. The introductory chapter gives a general idea of the constituting elements of whistleblowing. The thesis has been conveniently split into two parts. The first part deals with the current scenario by delving into the concept of 'wrongdoing' against which whistle blowing is set. This leads to an examination of the scanty traces of whistle blowing found in our statute book. A study will be made of the absence of the legal duty to report offences, followed by the deterrents militating against the lodging of information. This first part ends with an outline of the main institutions which are entrusted with the tackling of wrongdoing as we11 as the protection of the injured parties. The second part proposes whistleblowing as an instrument which is able to counter the deficiencies in the present system. Whistleblowing provides protection which encourages reporting, as well as prescribing the right to seek redress against detriments that follow disclosure. On the premise that whistleblowers are servants of the public interest, a study is also made of the existence of good faith behind acts of disclosure. Indeed, whistleblowing stems from the right to freedom of expression which complements constitutional protections such as those of freedom of information. Finally, all the various elements are tied up in the last chapter which proposes the essential elements of whistleblowing legislation, while taking into account the existing legal frameworks.