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Leaks, legislation and freedom of speech: How can the law effectively promote public‐interest whistleblowing?
Author(s) -
FASTERLING Björn,
LEWIS David
Publication year - 2014
Publication title -
international labour review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.433
H-Index - 46
eISSN - 1564-913X
pISSN - 0020-7780
DOI - 10.1111/j.1564-913x.2014.00197.x
Subject(s) - legislation , confidentiality , compliance (psychology) , incentive , language change , public interest , abuse of power , political science , power (physics) , business , law , human rights , law and economics , economics , psychology , social psychology , art , physics , literature , quantum mechanics , politics , microeconomics
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.