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Leaks, legislation and freedom of speech: How can the law effectively promote public-interest whistleblowing?

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  • Björn FASTERLING
  • David LEWIS

Abstract

Attention is increasingly being focused on leaking, whistleblowing and associated compliance and incentives questions. The authors outline the differences between leaking and whistleblowing, notably on protection of the disclosers. They review provisions of international conventions on human rights and corruption, and compare approaches to protecting freedom of speech in France, Germany, the United Kingdom and the United States. Their findings highlight the complex, sometimes conflicting issues involved: public, individual, commercial and financial interests; abuse of power; security; confidentiality; the individual as law enforcer; and the employment relationship.

Suggested Citation

  • Björn FASTERLING & David LEWIS, 2014. "Leaks, legislation and freedom of speech: How can the law effectively promote public-interest whistleblowing?," International Labour Review, International Labour Organization, vol. 153(1), pages 71-92, March.
    • Handle: RePEc:bla:intlab:v:153:y:2014:i:1:p:71-92
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    File URL: http://hdl.handle.net/10.1111/j.1564-913X.2014.00197.x
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    References listed on IDEAS

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    1. Eva Tsahuridu & Wim Vandekerckhove, 2008. "Organisational Whistleblowing Policies: Making Employees Responsible or Liable?," Journal of Business Ethics, Springer, vol. 82(1), pages 107-118, September.
    2. Harold Hassink & Meinderd Vries & Laury Bollen, 2007. "A Content Analysis of Whistleblowing Policies of Leading European Companies," Journal of Business Ethics, Springer, vol. 75(1), pages 25-44, September.
    3. Barry, Bruce, 2007. "The Cringing and the Craven: Freedom of Expression in, Around, and Beyond the Workplace," Business Ethics Quarterly, Cambridge University Press, vol. 17(2), pages 263-296, April.
    4. Alexander Dyck & Adair Morse & Luigi Zingales, 2010. "Who Blows the Whistle on Corporate Fraud?," Journal of Finance, American Finance Association, vol. 65(6), pages 2213-2253, December.
    5. Thomas Carson & Mary Verdu & Richard Wokutch, 2008. "Whistle-Blowing for Profit: An Ethical Analysis of the Federal False Claims Act," Journal of Business Ethics, Springer, vol. 77(3), pages 361-376, February.
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    Cited by:

    1. Wim Vandekerckhove, 2022. "Is It Freedom? The Coming About of the EU Directive on Whistleblower Protection," Journal of Business Ethics, Springer, vol. 179(1), pages 1-11, August.
    2. Thomas Olesen, 2022. "The Birth of an Action Repertoire: On the Origins of the Concept of Whistleblowing," Journal of Business Ethics, Springer, vol. 179(1), pages 13-24, August.
    3. J. P. Sharma & Sunaina Kanojia & Shikha Sachdeva, 2018. "Comparison of Whistle-blower Protection Mechanism of Select Countries," Indian Journal of Corporate Governance, , vol. 11(1), pages 45-68, June.
    4. Kim Loyens & Wim Vandekerckhove, 2018. "Whistleblowing from an International Perspective: A Comparative Analysis of Institutional Arrangements," Administrative Sciences, MDPI, vol. 8(3), pages 1-16, July.
    5. Heungsik Park & Brita Bjørkelo & John Blenkinsopp, 2020. "External Whistleblowers’ Experiences of Workplace Bullying by Superiors and Colleagues," Journal of Business Ethics, Springer, vol. 161(3), pages 591-601, January.

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