IDEAS home Printed from https://ideas.repec.org/a/bla/intlab/v153y2014i1p71-92.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1111/j.1564-913X.2014.00197.x
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    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.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Wim Vandekerckhove & David Lewis, 2012. "The Content of Whistleblowing Procedures: A Critical Review of Recent Official Guidelines," Journal of Business Ethics, Springer, vol. 108(2), pages 253-264, June.
    2. Gladys Lee & Neil Fargher, 2013. "Companies’ Use of Whistle-Blowing to Detect Fraud: An Examination of Corporate Whistle-Blowing Policies," Journal of Business Ethics, Springer, vol. 114(2), pages 283-295, May.
    3. 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.
    4. Joseph F. Brazel & Lorenzo Lucianetti & Tammie J. Schaefer, 2021. "Reporting Concerns About Earnings Quality: An Examination of Corporate Managers," Journal of Business Ethics, Springer, vol. 171(3), pages 435-457, July.
    5. Esther Pittroff, 2016. "Whistle-blowing regulation in different corporate governance systems: an analysis of the regulation approaches from the view of path dependence theory," Journal of Management & Governance, Springer;Accademia Italiana di Economia Aziendale (AIDEA), vol. 20(4), pages 703-727, December.
    6. Lee, Gladys & Xiao, Xinning, 2018. "Whistleblowing on accounting-related misconduct: A synthesis of the literature," Journal of Accounting Literature, Elsevier, vol. 41(C), pages 22-46.
    7. Theo Nyreröd & Giancarlo Spagnolo, 2021. "Myths and numbers on whistleblower rewards," Regulation & Governance, John Wiley & Sons, vol. 15(1), pages 82-97, January.
    8. Bartuli, Jenny & Djawadi, Behnud Mir & Fahr, René, 2016. "Business Ethics in Organizations: An Experimental Examination of Whistleblowing and Personality," IZA Discussion Papers 10190, Institute of Labor Economics (IZA).
    9. Muel Kaptein, 2022. "How Much You See Is How You Respond: The Curvilinear Relationship Between the Frequency of Observed Unethical Behavior and The Whistleblowing Intention," Journal of Business Ethics, Springer, vol. 175(4), pages 857-875, February.
    10. Wim Vandekerckhove & Eva Tsahuridu, 2010. "Risky Rescues and the Duty to Blow the Whistle," Journal of Business Ethics, Springer, vol. 97(3), pages 365-380, December.
    11. Spagnolo, Giancarlo & Nyreröd, Theo, 2019. "Financial Incentives for Whistleblowers: A Short Survey," SITE Working Paper Series 50, Stockholm School of Economics, Stockholm Institute of Transition Economics.
    12. Jason MacGregor & Martin Stuebs, 2014. "The Silent Samaritan Syndrome: Why the Whistle Remains Unblown," Journal of Business Ethics, Springer, vol. 120(2), pages 149-164, March.
    13. Gao, Lei & Brink, Alisa G., 2017. "Whistleblowing studies in accounting research: A review of experimental studies on the determinants of whistleblowing," Journal of Accounting Literature, Elsevier, vol. 38(C), pages 1-13.
    14. Krishnamurti, Chandrasekhar & Pensiero, Domenico & Velayutham, Eswaran, 2021. "Corruption risk and stock market effects: Evidence from the defence industry," Pacific-Basin Finance Journal, Elsevier, vol. 70(C).
    15. Yuan Ding & Thomas Jeanjean & Hervé Stolowy, 2013. "Accounting for Stakeholders or Shareholders? The Case of R&D Reporting," Post-Print hal-01002936, HAL.
    16. Wu, Fang & Cao, June & Zhang, Xiaosan, 2023. "Do non-executive employees matter in curbing corporate financial fraud?," Journal of Business Research, Elsevier, vol. 163(C).
    17. Julien Etienne, 2015. "Different ways of blowing the whistle: Explaining variations in decentralized enforcement in the UK and France," Regulation & Governance, John Wiley & Sons, vol. 9(4), pages 309-324, December.
    18. Wang, Tracy Yue & Winton, Andrew, 2021. "Industry informational interactions and corporate fraud," Journal of Corporate Finance, Elsevier, vol. 69(C).
    19. Yingying Xin & Xiao Zeng & Zhengying Luo, 2022. "Customers' tone in MD&A disclosure and suppliers' inventory efficiency: Evidence from China," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 43(8), pages 3833-3853, December.
    20. Li, Xiaoqing & Qiao, Penghua & Zhao, Lin, 2019. "CEO media exposure, political connection and Chinese firms' stock price synchronicity," International Review of Economics & Finance, Elsevier, vol. 63(C), pages 61-75.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:intlab:v:153:y:2014:i:1:p:71-92. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://edirc.repec.org/data/ilounch.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.