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1
Gibbs, Tanya. "Whistleblowing: protection or discouragement." Journal of Money Laundering Control 23, no. 3 (July 15, 2020): 591–600. http://dx.doi.org/10.1108/jmlc-03-2020-0031.
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Purpose The purpose of this paper is to survey UAE legislative initiatives affecting whistleblowing. Many studies claim that whistleblowing is one of the most effective mechanisms in fighting corruption. Either done merely to satisfy regulatory requirements or in genuine efforts to counter internal fraud, many organizations around the world incorporate whistleblowing programs. However, a lack of comprehensive whistleblower protection remains the main impediment for reporting misconduct or wrongdoing. A country’s legislative framework and its cultural and socio-economic specifics impact the effectiveness of such protective measures. Moreover, in the absence of comprehensive, stand-alone whistleblowing laws, whistleblowers can become victims not only of employers’ retaliatory actions but also of criminal and civil charges. Design/methodology/approach This paper surveys the UAE law and regulations in regard to whistleblower protection. It also raises concerns regarding their effectiveness based on the county’s unique socio-economic and cultural environment and their interplay with other legislations, which can potentially make whistleblowing a criminal offense. Findings In the absence of stand-alone whistleblowing legislation, cultural aspects and other laws can serve as deterrents for whistleblowers. It is crucial for a jurisdiction to set up an effective legal and regulatory framework to enable synergy across different laws and agencies involved. Implementation of comprehensive, stand-alone whistleblowing legislation might help provide legal certainty and clarity. Research limitations/implications In the absence of empirical studies on UAE whistleblowing, the researcher primarily relied on English translations of the country’s laws and regulations, official press releases and English media sources. Practical implications This study introduces relevant background to organizations establishing their own whistleblowing policies and employee training. Originality/value This paper examines the effectiveness of whistleblowing legislative initiatives through the prism of the country’s cultural, socio-economic and legal environment.
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TING, MICHAEL M. "Whistleblowing." American Political Science Review 102, no. 2 (May 2008): 249–67. http://dx.doi.org/10.1017/s0003055408080192.
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By skipping managers and appealing directly to politicians, whistleblowers can play a critical role in revealing organizational information. However, the protection of whistleblowers can affect managers' abilities to provide employees with incentives to exert effort. This paper explores this tradeoff with a model of agency decision-making under incomplete information. In the game, an employee's effort determines a project's quality, and a manager chooses whether to approve the project and discipline the employee. The employee and politician wish for only “good” projects to be approved. By whistleblowing, an employee reveals the quality to a politician outside of the organization, who may override the manager's decision. A key finding is that from the politician's perspective, the benefits of whistleblower protections depend on the preferences of the manager. If the manager is inclined toward approving projects, then the costs of lower employee effort may outweigh the informational benefits of whistleblowing. The optimal policy may then be to ban whistleblowing. By contrast, when the manager is inclined toward rejecting projects, whistleblower protections prevent him or her from suppressing effort and are unambiguously beneficial.
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Vinten, Gerald. "Asset Protection Through Whistleblowing." Journal of Financial Crime 2, no. 2 (March 1994): 121–31. http://dx.doi.org/10.1108/eb025641.
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Effendi, Azhari, and Nuraini Nuraini. "PENGARUH PERLINDUNGAN HUKUM, ORIENTASI ETIKA IDEALISME, ORIENTASI ETIKA RELATIVISME DAN RETALIASI TERHADAP INTENSI WHISTLEBLOWING (SURVEI PADA MAHASISWA UNIVERSITAS NEGERI DI PROVINSI ACEH)." Jurnal Ilmiah Mahasiswa Ekonomi Akuntansi 4, no. 3 (September 7, 2019): 504–19. http://dx.doi.org/10.24815/jimeka.v4i3.12586.
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The purpose of this research is to know the: (1) the influence of legal protection, idealism ethical orientation and relativism ethical orientation simultaneously on whistleblowing intention, (2) the influence of legal protection has on whistleblowing intention, (3) the influence of idealism ethical orientation on whistleblowing intention, (4) the influence of relativism ethical orientation on whistleblowing intention, (5) the influence of retaliation on whistleblowing intention. The population of this study is 395 students from state universities in Aceh province. Sampling technique used was simple random sampling. The data source used in this study is primary data through the distribution of questionnaires to respondents. Data were analyzed using multiple regression analysis with SPSS 20 processing. The result from this research (1) Legal protection, idealism, relativism and retaliation have an influence together (simultaneously) on whistleblowing intentions. (2) Legal protection has a positively influence on whistleblowing intentions. (3) Idealism has a positive effect on whistleblowing intentions. (4) Relativism has not influence on whistleblowing intention. (5) Retaliation has not influence on whistleblowing intention
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Braillon, Alain. "Whistleblowing: Neither reward, nor protection." Journal of Public Health Policy 31, no. 2 (June 10, 2010): 278–79. http://dx.doi.org/10.1057/jphp.2010.15.
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Prasetyono, Tarjo, Elita Aprilianty, Ach Fawaid As'ad, Indra Prayitno, Erfan Muhammad, and Emi Rahmawati. "Fraud Prevention Mechanism: Enhancing From Religiosity, Whistleblowing Protection, and Whistleblowing Intention." InFestasi 17, no. 1 (June 30, 2021): InPres. http://dx.doi.org/10.21107/infestasi.v17i1.9626.
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This This research aims to determine fraud prevention from religiosity, protection whistleblower, and whistleblowing system perspectives. The population in this research was employees of PT Prudential Life Assurance. The population is taken without distinguishing gender, education, and work experience and taken from 43 as the total number of insurance employees. This study used saturated samples or census as the sampling technique, whereas all population employs as samples. The research data uses primary data obtained by researchers by giving questionnaires (structured questions) to insurance employees. The research analysis was conducted with multiple linear regression analysis. The results showed that religiosity and whistleblower prevention did not affect fraud prevention. The absence of the effect of whistleblower protection on fraud prevention shows that the protection for whistleblowers is not yet adequate. The existence of intimidation, injustice and law enforcement are reasons why individuals are reluctant to become whistleblowers. However, whistleblowing intention affects fraud prevention. These findings indicate that human actions are influenced by their intentions, attitudes and subjective norms.
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Rahardjo, Benjamin S. "A Comparative Analysis of Whistleblower’s Protection in Indonesia and United States of America." Humaniora 8, no. 2 (April 30, 2017): 181. http://dx.doi.org/10.21512/humaniora.v8i2.3895.
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The researcher classified whistleblowing system, its protection in Indonesia, and compared it with practices in the United States of America (USA). The researcher used the qualitative descriptive method with secondary data, such as legislation, news, articles from competent internet sources, journals, books and presentation materials that related to whistleblowers. It finds that whistleblowing has been proven as one of most effective way to nurture good corporate government. On the other hand, it demands the proper protection for its blowers. This research suggested Indonesian government to improve whistleblowing system through comprehensive legislations and coordination among related institutions. Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban/LPSK) have a vital role in improving support for the reporters.
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Kobroń-Gąsiorowska, Łucja. "PUBLIC INTEREST AS A BASIC ELEMENT OF THE PROTECTIVE FUNCTION OF LABOR LAW - THE PROTECTION OF WHISTLEBLOWERS." Roczniki Administracji i Prawa 1, no. XIX (June 30, 2019): 333–43. http://dx.doi.org/10.5604/01.3001.0013.3605.
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Whistleblowing is a key tool in fighting corruption and wrongdoing. This article is intended to present changes related to the understanding of the protective function of labor law in the context of protecting whistleblowers who report, in good faith, actual knowledge or suspicion of wrongdoing in both the private and public sectors. The author puts forward the thesis that protection of the public interest is a new and key element of the protective function of labor law.
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Al-Haidar, Faisal. "Whistleblowing in Kuwait and UK against corruption and misconduct." International Journal of Law and Management 60, no. 4 (July 9, 2018): 1020–33. http://dx.doi.org/10.1108/ijlma-05-2017-0119.
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Purpose This paper aims to explore the nature and the scope of whistleblowing in Kuwait and in the UK. Whistleblowing is when a person, usually an employee, in a government agency or private enterprise, discloses information to the public or to those in authority, of mismanagement, corruption or other wrongdoing. Due to the unpredictable consequences of whistleblowing, it is probable that many employees who witness wrongdoing do not consider blowing the whistle, because they fear the impact of such action on their relationship with their employers. Design/methodology/approach The author evaluated the whistleblowing systems in different countries. He first tackled the nature of whistleblowing in general, proceeded to analyse whistleblowing in Kuwait with mentions from other countries and finally evaluated the whistleblowing process in the UK. Findings The whistleblowing situation in the UK is clearer than that in Kuwait. Recent improvements have been made in the UK to protect whistleblowers. In the UK, the whistleblowing law under the Public Interest Disclosure Act 1998 came into force in July 1999 to protect whistleblowers. Kuwait also has had some improvements, which were seen to offer legal protection for those raising concerns about corruption under Law no. 24 of 2012. However, the author recommends that the Kuwaiti Government should give more protection to whistleblowers, and there is a need to protect the whistleblowers. Originality/value Potential whistleblowers might feel discouraged from disclosing information against their organisation, fearing a backlash against them. This is where the law and the rights of employees must be clarified. This paper will, therefore, evaluate the system of whistleblowing in the UK under the Public Interest Disclosure Act 1998 and examine this against the whistleblowing law in Kuwait under the Whistleblowing Act no. 24 of 2012.
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Gijsenbergh, Joris. "From Neglect to Protection: Attitudes towards Whistleblowers in the European Institutions (1957–2002)." Politics and Governance 9, no. 1 (March 31, 2021): 281–91. http://dx.doi.org/10.17645/pag.v9i1.3944.
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This article analyses how transparency became a buzzword in the European Union (EU) and its predecessors. In order to do so, it examines how the European Parliament (EP), the European Commission, the Court of Justice, and earlier European institutions responded to whistleblowing, between 1957 and 2002. In 2019, the EP agreed to encourage and protect whistleblowers. However, whistleblowing is far from a recent phenomenon. Historical examples include Louis Worms (1957), Stanley Adams (1973), and Paul van Buitenen (1998). Based on policy documents and parliamentary debates, this article studies the attitudes and reactions within European institutions towards whistleblowing. Their responses to unauthorized disclosures show how their views on openness developed from the beginning of European integration. Such cases sparked debate on whether whistleblowers deserved praise for revealing misconduct, or criticism for breaching corporate and political secrecy. In addition, whistleblowing cases urged politicians and officials to discuss how valuable transparency was, and whether the public deserved to be informed. This article adds a historical perspective to the multidisciplinary literature on whistleblowing. Both its focus on the European Coal and Steel Community, European Economic Community, and EU and its focus on changing attitudes towards transparency provide an important contribution to this multidisciplinary field.
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Stappers, Jan Tadeusz. "EU Whistleblower Protection Directive: Europe on Whistleblowing." ERA Forum 22, no. 1 (January 14, 2021): 87–100. http://dx.doi.org/10.1007/s12027-021-00649-7.
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Yakubu, Sirajo, and Mohammed Kyari Dikwa. "Combatting economic crimes in Nigeria through whistleblowing: a shift from policy to legal framework." Journal of Money Laundering Control 23, no. 4 (June 10, 2020): 819–32. http://dx.doi.org/10.1108/jmlc-04-2020-0040.
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Purpose The purpose of this paper is a holistic assessment of the impact of whistleblowing policy adopted by the Nigerian Government in fighting corruption and an evaluation of the whistleblowing and witness protection bill. Design/methodology/approach This paper is a critical analysis of the whistleblowing policy and the draft whistleblowing and witness protection bill. The paper combines both qualitative and quantitative methods. It is conducted through the study of the policy and the draft bill and the critical examination of the data released by the federal Ministry of Finance. Moreover, the personal experience of the authors in the civil service and in formulating and implementing the whistleblower policy account significantly. Findings The whistleblowing policy adopted by the Federal Republic of Nigeria is promising in controlling corruption and other economically motivated crimes. However, while efforts to give whistleblowing a legal backing will strengthen the fight against corruption in Nigeria, the National Assembly must subject the bill to rigorous debate to avoid having many lacunas in would be act. Research limitations/implications The use of whistleblowing in combatting corruption in Nigeria is still at its infancy. A policy document backs implementation of the policy – there is no legislation or case law to consider. Thus, analysis is based on the policy document, the bill, statistics from the FMF and personal experience of the authors. Originality/value There is no comprehensive study on the adoption of and efforts to give legal backing to, the whistleblowing policy adopted in Nigeria. This paper is of value to the Nigerian Government and the National Assembly considering the latest efforts to institutionalise whistleblowing in Nigeria.
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Young, D. "WHISTLEBLOWING, OIL, MONEY AND RISK." APPEA Journal 46, no. 1 (2006): 497. http://dx.doi.org/10.1071/aj05030.
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Statutory whistleblower laws in the US have resulted in the recovery of billions of dollars of unpaid royalties from petroleum companies over the past decade. Eighteen months ago, Australia introduced whistleblower laws that could have achieved the same result if the royalty avoidance had occurred here. This paper examines the emergence and application of those laws, and policies of regulators which achieve a similar result. It also argues that the adoption of a whistleblower policy, which includes protection for the whistleblower, is not only desirable, but an essential tool for managing risk.At a secondary level, it looks at the types of reported actions, typically taken against whistleblowers, that are now outlawed by the new whistleblower protection provisions.
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Dorasamy, Nirmala, and Soma Pillay. "Whistleblowing: Impediments to effective implementation within the South African public sector." Corporate Ownership and Control 8, no. 3 (2011): 196–208. http://dx.doi.org/10.22495/cocv8i3c1p3.
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This purpose of this article is to explore impediments to effective whistleblowing as a strategy for promoting anti-corruption practices within the South African public sector. Corruption, which violates the public service code of conduct; deters foreign investment, increases the cost of public service delivery, undermines the fight against poverty and unnecessarily burdens the criminal justice system. The article addresses the question on whether legislation on whistleblowing is adequate to encourage whistleblowing in the public sector. A review of literature determines that the effective implementation of whistleblowing legislation is largely dependent on addressing the challenges identified in the article. The quantitative research method was employed in the study to ascertain the views of employees in the public sector on whistleblowing. Empirical findings confirm the hypothesis that the protection of whistleblowers through legislation is inadequate to encourage whistleblowing. The article provides a conceptual framework for the effective achievement of the intended outcomes of whistleblowing in the public sector.
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Nurhidayat, Ilham, and Bevaola Kusumasari. "Strengthening the effectiveness of whistleblowing system." Journal of Financial Crime 25, no. 1 (January 2, 2018): 140–54. http://dx.doi.org/10.1108/jfc-11-2016-0069.
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Purpose The purpose of this paper is to identify and map out various aspects and key elements, which are necessary to strengthen an effective and systematic whistleblowing system (WBS) and ensure adequate protection in accordance with the characteristics typical of Indonesia. Design/methodology/approach This research emphasizes the extensive use of literature review and previous research that analyze whistleblowing as an issue and ethical challenge in public institutions. This research also reviews documents pertaining to the formulation and implementation of existing WBS. Additionally, this research also analyzes some cases experienced by a number of whistleblower figures in Indonesia as a contribution and recommendation to parties interested in formulating a more effective and systematic WBS. Findings An effective and systematic WBS, assuring adequate protection, needs a number of key elements which will be identified and mapped out in this research and, subsequently, categorized into several aspects covering human and ethical culture; policy; legal protection; organizational structure; and procedures and process in accordance to Indonesia’s specific characteristics. Practical implications The paper can be a source to explore anti-corruption policy and the prevention approach of corruption based on Indonesian perspectives. Originality/value This paper is a significant undertaking aimed at raising public trust in public institutions and providing adequate protection to whistleblowers. It also contributes by encouraging the public organization to prevent corruption and other wrongdoing, which, nowadays, are common in Indonesia.
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Anggraini, Putri, and Ramadhan Nugraha Putra. "ELEMENTS WHICH TRIGGER EMPLOYEE'S INTENTION TO DISCLOSE FRAUD VIA A WHISTLEBLOWING SYSTEM: A CASE STUDY." Jurnal Tata Kelola & Akuntabilitas Keuangan Negara 4, no. 2 (December 19, 2018): 105. http://dx.doi.org/10.28986/jtaken.v4i2.203.
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Fraud is very liquid; thus, it could occur both in public sector and private institutions. The consequences of fraud could be very damaging such as the loss of assets and the ruin of a company's reputation. BPK as one of the governmental institutions in Indonesia is obliged to implement a whistleblowing system as a means to detect any fraudulent activities. It is believed that an effective whistleblowing system is likely to be credible and secure so that all employees could disclose misconducts without any hesitation. Therefore, this study aims to contribute to the novelty of the whistleblowing system which has been implemented in BPK. There are several elements to be considered in setting up a whistleblowing system namely, secrecy of the tipsters' identity, incentives, whistleblowers' protection, accessibility, training of ethical program, power owned by the addressee, the perpetrators and the potential whistleblowers, management's support as well as their response to the tips given by the employees. A questionnaire and descriptive statistical analysis are used to rank the elements from the most important to the least essential items in a whistleblowing system from the perspective of the employees in BPK. The result shows that BPK's employees consider the whistleblowers' protection as the most critical element in the system; whereas, rewards is the least factor which triggers them to blow the whistle. Those elements, however, are integral parts which complement each other in establishing an effective whistleblowing mechanism.
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Iskandar, Azwar, and Ita Hartati. "The Role Of Organizational Supporting In Moderating The Whistleblowing Behavior Intention." Equilibrium: Jurnal Ekonomi-Manajemen-Akuntansi 17, no. 1 (April 29, 2021): 10. http://dx.doi.org/10.30742/equilibrium.v17i1.990.
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This study aimed to analyze the influence of the attitude toward behaviour and perceived behavioural control on whistleblowing intention, and the role of organizational supporting of employees as moderating variable in the influence of the attitude toward behaviour and perceived behavioural control on whistleblowing intention of employees. This study used primary data from a questionnaire, simple random sampling method and quantitative approach of Moderate Regression Analysis (MRA) technique. This study empirically showed that the implementation of the whistleblowing system has not been successful. Based on the three hypotheses proposed, all of them were not proven and accepted. The attitude toward behaviour has no significant effect on whistleblowing intention by the employees. The perceived behavioural control had a significant effect on whistleblowing intention by employees. In other that, the current organizational support of employees can not play a role as moderation influencing attitudes and perceived behavioural control over internal whistleblowing intention. The government needs to create special laws and rules to give enough law protection for the whistleblo¬wer in the public sector.
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Savage, Ashley, and Richard Hyde. "The response to whistleblowing by regulators: a practical perspective." Legal Studies 35, no. 3 (September 2015): 408–29. http://dx.doi.org/10.1111/lest.12066.
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The Public Interest Disclosure Act 1998 provides protection for whistleblowers; it does not place statutory obligations on regulators to act in response to whistleblowing concerns. Using Freedom of Information requests as a research methodology, this paper seeks to examine how whistleblowing is approached by regulators and what happens when a whistleblowing disclosure is made. Forty-eight national regulators in a variety of fields and 408 county, district and unitary local authorities with responsibility for the regulation of food were contacted. The paper begins by considering the importance of whistleblowing disclosures and how they are protected in PIDA. The examination of the law reveals that several organisations with important regulatory functions are not prescribed, and this has the potential to create inconsistencies in the protection of whistleblowers. The bulk of the paper examines the results of the Freedom of Information requests. By examining the results of these requests, it was possible to show that there are a number of inconsistencies in the way in which regulatory agencies handle concerns. Several changes to practice are suggested in order to ensure that the whistleblowers receive appropriate treatment and that the concerns that they express can be properly addressed.
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Ayu Wardani, Cyntia, and Sulhani Sulhani. "ANALISIS FAKTOR-FAKTOR YANG MEMPENGARUHI PENERAPAN WHISTLEBLOWING SYSTEM DI INDONESIA." Jurnal ASET (Akuntansi Riset) 9, no. 1 (November 13, 2017): 29. http://dx.doi.org/10.17509/jaset.v9i1.5255.
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Abstract. Whistleblowing system is part of the internal control that has not been widely discussed in accounting research in Indonesia. This study aims to provide empirical evidence about the factors that affect the effective application of the whistleblowing system in Indonesia. samples of this research are listed companises in Indonesian Stock Exchange in 2013. The analysis method used in this research is data multiple regression. The result of this study indicates that anonymous reporting has a significant influence on the application of the whistleblowing system. This is in line with Lee and Fergher (2012) which states that companies that allow anonymous reporting tends to support the application of the whistleblowing system. While other factors such as total assets, inventory and external directors on the audit committee did not significantly affect the application of whistleblowing system. The implication of this research is company must have a whistleblower protection policy for effective whistleblowing system application.Keywords: whistleblwoing system; anonymous reportingAbstrak. Whistleblowing system merupakan bagian dari pengendalian internal yang belum banyak dibahas dalam penelitian akuntansi di Indonesia. Penelitian ini bertujuan untuk memberikan bukti empiris mengenai faktor-faktor yang mempengaruhi efektifitas penerapan whistleblowing system di Indonesia pada perusahaan yang terdaftar di Bursa Efek Indonesia tahun 2013. Metode analisis yang digunakan dalam penelitian ini adalah regresi data berganda.Hasil penelitian ini menunjukkan bahwa anonymous reporting memiliki pengaruh signifikan terhadap penerapan whistleblowing system. Hal ini sejalan dengan Lee dan Fergher (2012) yang menyatakan bahwa perusahaan yang mengizinkan pelaporan secara anonim cenderung mendukung penerapan whistleblowing system. Sedangkan faktor lainnya seperti total assets, inventory dan external director dalam komite audit tidak berpengaruh signifikan terhadap penerapan whistleblwoing system. Implikasi dari penelitian ini adalah perusahaan perlu menjamin keamanan para pelpaor dalam whistleblowing system. Kata Kunci: whistleblowing system; anonymous reporting
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Yang, Yunpeng, and Weixin Yang. "Does Whistleblowing Work for Air Pollution Control in China? A Study Based on Three-party Evolutionary Game Model under Incomplete Information." Sustainability 11, no. 2 (January 10, 2019): 324. http://dx.doi.org/10.3390/su11020324.
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During China’s air pollution campaign, whistleblowing has become an important way for the central government to discover local environmental issues. The three parties involved in whistleblowing are: the central government environmental protection departments, the local government officials, and the whistleblowers. Based on these players, this paper has constructed an Evolutionary Game Model under incomplete information and introduced the expected return as well as replicator dynamics equations of various game agents based on analysis of the game agents, assumptions, and payoff functions of the model in order to study the strategic dynamic trend and stability of the evolutionary game model. Furthermore, this paper has conducted simulation experiments on the evolution of game agents’ behaviors by combining the constraints and replicator dynamics equations. The conclusions are: the central environmental protection departments are able to effectively improve the environmental awareness of local government officials by measures such as strengthening punishment on local governments that do not pay attention to pollution issues and lowering the cost of whistleblowing, thus nurturing a good governance and virtuous circle among the central environmental protection departments, local government officials, and whistleblowers. Based on the study above, this paper has provided policy recommendations in the conclusion.
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조수영. "A Study on Whistleblowing systems and Whistleblower Protection Act." Public Law Journal 12, no. 4 (November 2011): 137–64. http://dx.doi.org/10.31779/plj.12.4.201111.006.
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Owusu, Godfred Matthew Yaw, Rita Amoah Bekoe, Fred Kwasi Anokye, and Festus Odotei Okoe. "Whistleblowing intentions of accounting students." Journal of Financial Crime 27, no. 2 (January 13, 2020): 477–92. http://dx.doi.org/10.1108/jfc-01-2019-0007.
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Purpose This study aims to investigate the intentions of a section of Ghanaian university students towards whistleblowing and the factors that predict such intentions. Design/methodology/approach This study used the survey method of research, and data was gathered through the use of questionnaires. A total of 524 accounting students from the University of Ghana Business School participated in the survey. The structural equation modelling technique was used to analyse the data. Findings The findings of this study show that the sampled students have greater intentions to report wrongdoings when detected and that majority of the students would prefer to use internal mechanisms for reporting purposes than using external means. Further, the study found students’ attitude towards whistleblowing and subjective norm to be key predictors of internal whistleblowing intentions whereas perceived behavioural control was found to have a positive influence on the intention to blow the whistle externally. Research limitations/implications Findings of this study have implications for policymakers who have a keen interest in enhancing whistleblowing activities and whistleblower protection. Originality/value This study provides some insights into the whistleblowing intentions of students. An understanding of the views of students towards whistleblowing and the factors driving their intentions should be useful to organisations that may use these students upon graduation.
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Briando, Bobby, Sri Kuncoro Bawono, and Tony Mirwanto. "DIMENSION OF WHISTLEBLOWING SYSTEM: URGENSITY OF LEGISLATION STRENGTHENING." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 371. http://dx.doi.org/10.25216/jhp.8.3.2019.371-390.
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Eradication of corruption in Indonesia is still the main agenda of the government in building good governance. One method to expose corruption is to use a whistleblower role that can help find the criminal mode of corruption. Whistleblower mechanism is divided into three main dimensions: Human, Structure and Process. But in practice whistleblower reporters in corruption cases in Indonesia have not received maximum legal protection. In Indonesia the normative regulation governing pursuant to Law No.13 of 2006 concerning Witness and Victim Protection as well as Supreme Court Circular Letter (SEMA) No.4 Year 2011 on Treatment of Criminal Reporting and Witness of Actors Cooperation The results show that from three dimensions of whistleblower system still does not yet have binding legislation. Whistleblower reporters only accept lightening relief. Specific whistleblower legislation is urgent. In legislation, at least, it should be in accordance with Whistleblower's protection.
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West, Jonathan P., and James S. Bowman. "Whistleblowing Policies in American States: A Nationwide Analysis." American Review of Public Administration 50, no. 2 (November 3, 2019): 119–32. http://dx.doi.org/10.1177/0275074019885629.
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American states have statutes with whistleblowing protection provisions for employees. These laws may focus on the duty to divulge misconduct, procedures for reporting disclosures, and protection from retaliation. The research question is, “What is the scope, content, and perceived effectiveness of these provisions?” The premise is that they have value, albeit uncertain, in the practice of public administration. To investigate this subject area, documentary and attitudinal data were gathered. This article presents the results of the first comprehensive study of state-level whistleblowing provisions. The importance of this work is evident for two reasons. First, though corruption varies across state lines, overall it is common. Second, given the low visibility and high complexity of organizational activities, detection of abuse rests in large part with the workforce.
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Oelrich, Sebastian, and Kimberly Erlebach. "Taking it outside: A study of legal contexts and external whistleblowing in China and India." Asian Journal of Business Ethics 10, no. 1 (May 4, 2021): 129–51. http://dx.doi.org/10.1007/s13520-021-00125-y.
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AbstractWhistleblowing is regularly identified as corporate control mechanism to prevent and uncover fraud. We review and compare the legal situation for whistleblowers in the People’s Republic of China and India. In a survey of 942 employees from private companies in both countries, we take a look at the status quo of whistleblowing system implementation, explore preference of channels to disclose fraud or corruption, and analyze under which conditions and what kind of employees prefer external over internal whistleblowing. We find that provisions for mandatory whistleblowing systems can be found in the law of both countries. In China in particular, protection is scattered across many different laws in the private sector. Indian companies seem to have systems in place more often, although this difference becomes smaller the larger the company. The general preference of internal over external channels is similar across countries. Our regression models suggest that external channels are preferred over internal ones when fear of retaliatory measures is higher, the company is smaller, and the whistleblower is female. In line with prior literature, the effect of fear of retaliation is moderated by gender: women are less influenced by retaliation. All in all, implementation of whistleblowing systems seems ubiquitous in both countries; legal protection and comprehensive measures to decrease retaliation are lacking. Additional implications of findings are discussed.
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Nidhi, Aditi, and Nideesh Kumar TV. "Right to Information and Whistle Blower: A Journey from Theory to Practice." Shanlax International Journal of Arts, Science and Humanities 8, no. 1 (July 2, 2020): 127–37. http://dx.doi.org/10.34293/sijash.v8i1.2435.
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History is witness to the fact that there have always been informers who reveal inside information to others. Ancient Greeks talked about whistleblowing centuries before. Lykourgos, the Athenian orator, in his speech against Leokratis said: neither laws nor judges can bring any results unless someone denounces the wrongdoers. Even in Ancient India, the concept of a Whistle blower was in existence, Kautilya proposed- “Any informant (súchaka) who supplies information about embezzlement just under perpetration shall, if he succeeds in proving it, get as reward one-sixth of the amount in question; if he happens to be a government servant (bhritaka), he shall get for the same act one-twelfth of the amount.Whistle blowers play an important role in fighting corruption, in protecting the public and the environment from harm, and in providing accountability for the violation of legal norms. When an individual blows the whistle on alleged wrongdoing, he/she may suffer severe financial consequences. The law recognizes the social good that can come from whistleblowing by providing some protection for them and encouraging such conduct in a variety of ways.Even so, whistle blowers continue to occupy a fundamentally ambivalent position in society. Some whistle blowers are celebrated for their courage and self-sacrifice in protecting society from harm. But at the same time, many whistle blowers experience financial and social retaliation. This ambivalence is reflected in the law of whistleblowing: both its limited scope and how it operates. The law offers whistle blowers some legal protection, but government officials who are responsible for administering those laws often find ways to narrow that protection. Thus, even the most robust legal protection cannot protect whistle blowers from the social consequences of their action.While whistle blowers can play a critical role in protecting the public, they often pay an enormous personal price. The article will seek to aid an understanding of how different policy purposes, approaches, and legal options can be combined in the design of better legislation. It provides a guide to key elements of the new legislation, as an example of legislative development taking place over a long period, informed by different trends.
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Gholami, Hossein, and Habeeb Abdulrauf Salihu. "Combating corruption in Nigeria: the emergence of whistleblowing policy." Journal of Financial Crime 26, no. 1 (January 7, 2019): 131–45. http://dx.doi.org/10.1108/jfc-10-2017-0102.
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Purpose This paper aims to appraise the roles of whistleblowing policy as a tool for combating corruption in Nigeria. Methodologically, it examines how the policy could be strengthened to effectively address the challenges of corruption in Nigeria. Design/methodology/approach This paper is essentially a desk research with reliance on the secondary source of data. Relevant materials were collected in an eclectic manner from official documents, statutes and other published outlets such as books, journal publications, online articles, news reports and newspaper articles. Its scope is limited to issue and content analysis relating to the use of whistleblowing policy as a tool to combat corruption. Findings The paper finds that whistleblowing policy is an effective anti-corruption instrument that has facilitated discovery and recovery of looted public resources and prosecution of culprits in Nigeria. Originality/value This paper demonstrates how whistleblowing as an anti-corruption mechanism could be strengthened in Nigeria when the legislator finally passed the Whistleblower Protection Bill into law.
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Soon, Jan Mei, and Louise Manning. "Whistleblowing as a countermeasure strategy against food crime." British Food Journal 119, no. 12 (December 4, 2017): 2630–52. http://dx.doi.org/10.1108/bfj-01-2017-0001.
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Purpose The purpose of this paper is to undertake a two-phase desktop review of literature sources in order to conceptualise, frame, and critique existing whistleblowing models and strategies and consider how whistleblowing strategies form part of an effective food crime management system (FCMS) especially for small and medium sized organisations. Design/methodology/approach Existing literature from academic sources, financial, healthcare, food industries has been reviewed and critiqued in order to construct a conceptual framework that can inform future empirical research. Findings Whistleblowing strategies can form an effective part of a FCMS. Appropriate regulatory protection of those who whistleblow is crucial to not only safeguard individuals but also to mitigate food crime and protect consumers from loss and potential harm. Barriers to whistleblowing exist and if these are not addressed then individuals will be reluctant to report food crime. Further empirical research is required to assess the influence of these and other factors identified in this research and how they can be overcome. Originality/value The framework will provide food industry practitioners with guidance on the effective application of whistleblowing strategies within a FCMS.
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Scherbarth, Sandra, and Stefan Behringer. "Whistleblowing systems: A systematic literature review on the design specifications and the consideration of the risk for organizational insiders to blow the whistle." Corporate Ownership and Control 18, no. 2 (2021): 60–73. http://dx.doi.org/10.22495/cocv18i2art5.
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Whistleblowing systems as internal company instruments for prevention and detection of compliance violations are increasingly recommended both in academic and practical literature. In the European Union, the discussion is currently activated by the EU legislation for better protection of whistleblowers, which needs to be transferred in national law by the member states end of 2021. This literature review examines the literature for the design specifications developed for whistleblowing systems under consideration of the risk for organizational insiders to blow the whistle. The purpose is to review the design specifications developed in scientific studies, the data basis on which they are built whether and, if so, how the risk for organizational insiders to blow the whistle is taken into account. A comprehensive database of literature has been examined. The result is systematic categorization of the specifications for the design of whistleblowing systems. Moreover, we conclude, that there is a lack of data basis for clear specifications. The research shows that in the design of whistleblowing-systems there is a lack of discussion of the risks for whistleblowers to suffer social and professional disadvantages
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Scherbarth, Sandra, and Stefan Behringer. "Whistleblowing systems: A systematic literature review on the design specifications and the consideration of the risk for organizational insiders to blow the whistle." Corporate Ownership and Control 18, no. 2 (2021): 60–73. http://dx.doi.org/10.22495/cocv18i2art5.
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Whistleblowing systems as internal company instruments for prevention and detection of compliance violations are increasingly recommended both in academic and practical literature. In the European Union, the discussion is currently activated by the EU legislation for better protection of whistleblowers, which needs to be transferred in national law by the member states end of 2021. This literature review examines the literature for the design specifications developed for whistleblowing systems under consideration of the risk for organizational insiders to blow the whistle. The purpose is to review the design specifications developed in scientific studies, the data basis on which they are built whether and, if so, how the risk for organizational insiders to blow the whistle is taken into account. A comprehensive database of literature has been examined. The result is systematic categorization of the specifications for the design of whistleblowing systems. Moreover, we conclude, that there is a lack of data basis for clear specifications. The research shows that in the design of whistleblowing-systems there is a lack of discussion of the risks for whistleblowers to suffer social and professional disadvantages
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Du Plessis, Erik Mygind. "Whistleblower-ordninger - Offentlighed, kritik og risikohåndtering." Slagmark - Tidsskrift for idéhistorie, no. 69 (March 9, 2018): 139–56. http://dx.doi.org/10.7146/sl.v0i69.104327.
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This article outlines how whistleblowing is understood and facilitated in an organizational context, with special emphasis on so-called whistleblower systems’, which have become increasingly widespread during the last decade. The main argument of the article is that these whistleblower systems represent an innovation in the interpretation of the term ‘whistleblowing’ in an organizational context. Whereas the term since the 1970’s has been interpreted in light of concepts stemming from western political tradition such as critique, individual freedom, enlightenment and the public, and thus represented an attempt to enhance the public’s knowledge of organizational activities, whistleblowing is today also increasingly interpreted as an organizational tool for risk-management aimed at avoiding public exposure and ensuring the smooth and effective running of the organization. To support this argument, the article draws on descriptions of whistleblower systems from the databases of the Danish National Data Protection Agency (Datatilsynet) as well as from external operators who provide Danish organizations with solutions for establishing and operating these systems.
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Abazi, Vigjilenca. "The European Union Whistleblower Directive: A ‘Game Changer’ for Whistleblowing Protection?" Industrial Law Journal 49, no. 4 (October 27, 2020): 640–56. http://dx.doi.org/10.1093/indlaw/dwaa023.
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Verschuuren, Pim. "Assessing the whistleblowing policies of international sport organisations." Sport, Business and Management: An International Journal 11, no. 4 (April 30, 2021): 405–29. http://dx.doi.org/10.1108/sbm-05-2020-0040.
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PurposeThe implementation of whistleblowing policies is emblematic of the reforms undertaken by international sports organisations in the aftermath of major governance and integrity scandals. However, sport has particular organisational and cultural characteristics that reduce the likelihood of whistleblowing behaviour. This article looks at the quality of reporting policies in sports to assess how far the reporting mechanisms encourage whistleblowers.Design/methodology/approachA whistleblowing policy quality assessment system was built and applied to 45 international sport organisations.FindingsThe research identified 23 reporting mechanisms but, despite marked differences between them, most policies are of low quality. In particular, whistle-blower protection regimes and promotion strategies are lacking.Research limitations/implicationsThe research suggests that reporting mechanisms currently in place are not likely to encourage whistle-blowers and questions the performance of these mechanisms as well as the objectives of the organisations, which may reflect “window-dressing” strategies. This may have implications for other areas of “good governance” reform.Practical implicationsAn assessment questionnaire for sport reporting policies has been created and tested. It was sent to international sport organisations to assist them in identifying policy gaps and improving their policy.Originality/valueThe analysis does not limit itself to the presence or absence of “good governance” measures. It also explores their quality. It proposes a comprehensive assessment grid for whistleblowing policies in international sport that practitioners and researchers may wish to use in future.
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Mannion, Russell, John Blenkinsopp, Martin Powell, Jean McHale, Ross Millar, Nicholas Snowden, and Huw Davies. "Understanding the knowledge gaps in whistleblowing and speaking up in health care: narrative reviews of the research literature and formal inquiries, a legal analysis and stakeholder interviews." Health Services and Delivery Research 6, no. 30 (August 2018): 1–190. http://dx.doi.org/10.3310/hsdr06300.
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Background There is compelling evidence to suggest that some (or even many) NHS staff feel unable to speak up, and that even when they do, their organisation may respond inappropriately. Objectives The specific project objectives were (1) to explore the academic and grey literature on whistleblowing and related concepts, identifying the key theoretical frameworks that can inform an understanding of whistleblowing; (2) to synthesise the empirical evidence about the processes that facilitate or impede employees raising concerns; (3) to examine the legal framework(s) underpinning whistleblowing; (4) to distil the lessons for whistleblowing policies from the findings of Inquiries into failings of NHS care; (5) to ascertain the views of stakeholders about the development of whistleblowing policies; and (6) to develop practical guidance for future policy-making in this area. Methods The study comprised four distinct but interlocking strands: (1) a series of narrative literature reviews, (2) an analysis of the legal issues related to whistleblowing, (3) a review of formal Inquiries related to previous failings of NHS care and (4) interviews with key informants. Results Policy prescriptions often conceive the issue of raising concerns as a simple choice between deciding to ‘blow the whistle’ and remaining silent. Yet research suggests that health-care professionals may raise concerns internally within the organisation in more informal ways before utilising whistleblowing processes. Potential areas for development here include the oversight of whistleblowing from an independent agency; early-stage protection for whistleblowers; an examination of the role of incentives in encouraging whistleblowing; and improvements to criminal law to protect whistleblowers. Perhaps surprisingly, there is little discussion of, or recommendations concerning, whistleblowing across the previous NHS Inquiry reports. Limitations Although every effort was made to capture all relevant papers and documents in the various reviews using comprehensive search strategies, some may have been missed as indexing in this area is challenging. We interviewed only a small number of people in the key informant interviews, and our findings may have been different if we had included a larger sample or informants with different roles and responsibilities. Conclusions Current policy prescriptions that seek to develop better whistleblowing policies and nurture open reporting cultures are in need of more evidence. Although we set out a wide range of issues, it is beyond our remit to convert these concerns into specific recommendations: that is a process that needs to be led from elsewhere, and in partnership with the service. There is also still much to learn regarding this important area of health policy, and we have highlighted a number of important gaps in knowledge that are in need of more sustained research. Future work A key area for future research is to explore whistleblowing as an unfolding, situated and interactional process and not just a one-off act by an identifiable whistleblower. In particular, we need more evidence and insights into the tendency for senior managers not to hear, accept or act on concerns about care raised by employees. Funding The National Institute for Health Research Health Services and Delivery Research programme.
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Kresoja, Marinko. "Whistleblowing and protection of whistleblowers in the bank: Legal and criminalistics aspects." Ekonomski izazovi 5, no. 10 (2016): 94–116. http://dx.doi.org/10.5937/ekoizavov1610094k.
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Doberstein, Carey, and Étienne Charbonneau. "The origins and effects of public servant confidence in whistleblowing protection regimes." Public Administration 98, no. 3 (February 17, 2020): 643–58. http://dx.doi.org/10.1111/padm.12644.
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Šepec, Miha, Jan Stajnko, Klara Avsec, Tamara Dugar, Živa Šuta, and Suzana Žilič Fišer. "The European whistleblowing directive: a legislative barrier between journalists and their sources?" Media, Culture & Society 42, no. 7-8 (May 13, 2020): 1528–44. http://dx.doi.org/10.1177/0163443720923525.
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Whistleblowers, and their cooperation with journalists, constitute a key element in preventing wrongdoings and protecting public interests. This contribution examines how they are protected in the recent Directive (EU) 2019/1937 on the Protection of Persons Reporting on Breaches of Union Law. It highlights that the final wording of the Directive still raises a number of potential concerns. The legislative process behind the Directive is outlined, illustrating the lack of consensus between the European Parliament and the Council during its drafting procedure. It is furthermore explained how the Directive aims to protect individuals from suffering retaliation in cases where they report violations of EU law. Finally, common criticisms regarding certain solutions such as the sectoral and tiered approach are addressed. These issues will have an effect on the whistleblowers’ motivation in raising the alarm, thereby diminishing their role as a journalist source.
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Ireland-Piper, Danielle, and Jonathan Crowe. "Whistleblowing, National Security and the Constitutional Freedom of Political Communication." Federal Law Review 46, no. 3 (September 2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.
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Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain types of information obtained as a Commonwealth officer. The Public Interest Disclosure Act 2013 (Cth) (‘ PIDA’) offers limited protection to whistleblowers in the Commonwealth public sector, but this protection does not extend to information relating to intelligence operations. We argue that blanket criminalisation of unauthorised disclosure by Commonwealth officers or contractors under s 70 of the Crimes Act, along with similar prohibitions in s 35P of the ASIO Act and s 42 of the Border Force Act, offend the implied freedom of political communication by failing to strike an adequate balance between national security and organisational secrecy, on the one hand, and public debate and discussion, on the other. The courts should read down these laws to protect disclosures that hold significant public interest for discussion and debate over government policy or the performance of government officials.
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Krambia-Kapardis, Maria. "An exploratory empirical study of whistleblowing and whistleblowers." Journal of Financial Crime 27, no. 3 (May 6, 2020): 755–70. http://dx.doi.org/10.1108/jfc-03-2020-0042.
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Purpose The purpose of this study is to develop a profile of whistleblowers and to determine whether whistleblowing legislation would encourage those individuals to bring to light some illegal or unethical behaviour that otherwise would remain in the shadows. Design/methodology/approach Having identified whistleblowing correlation, a survey was carried out in Cyprus of actual whistleblowers and could-have-been whistleblowers. Findings Males between 46 and55 years of age, regardless of whether they have dependents or hold senior positions in organizations are significantly more likely to blow the whistle. However, could-have-been whistleblowers did not go ahead because they felt that the authorities would not act on their information. Research limitations/implications Because of the sensitive nature of the research topic and the fact that only whistleblowers or intended whistleblowers could participate in the study, the sample size is limited as a result. This, in turn, limits both the number of respondents in each category (actual and intended) as well as constrains the statistical analysis that could be carried out on the data. Practical implications It remains to be seen whether EU Member States shall implement the European Directive 2019/1937 on the protection of persons who report breaches of Union Law, in its entirety by the due date, namely December 2021. Originality/value This study provides a literature review of whistleblowing and reports an original survey against the backdrop of the European Directive.
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Garncarek, Tomasz. "Ryzyko braku zgodności w bankowości — compliance oraz instytucja whistleblowing." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 27 (April 23, 2019): 11–26. http://dx.doi.org/10.19195/1733-5779.27.1.
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Compliance risk in the banking system and institutions of whistleblowingConsiderations of this article focus on the banking system in which the current problem is compliance risk with laws and regulations. It explains the basic concept of “compliance risk” as well as the fundamentals of the functioning of the compliance system, which are necessary for the the ensuing considerations. Over the last few years we have winessed a significant increase in new legal acts aimed at deepening the regulation of the financial system. This article analyzes existing legal acts, as well as the “soft law” regulations relating to the compliance sector, advancing a thesis on the necessity of constant supervision over the validity of binding regulations in relation to the development of the banking system. In the last part of the article attention was paid to one of the compliance measures, that is, the whistleblowing institution and the issue of reporting possible violations and protection of the person reporting those violations.
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Munro, Iain. "An interview with Chelsea Manning’s lawyer: Nancy Hollander on human rights and the protection of whistleblowers." Organization 26, no. 2 (June 13, 2018): 276–90. http://dx.doi.org/10.1177/1350508418779648.
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This article presents an edited interview with Nancy Hollander, a prominent human rights activist and criminal defense lawyer. The primary focus of the interview is Ms Hollander’s work as the lead defense counsel for the whistleblower, Chelsea Manning. The main themes addressed in the interview are (a) the close links between the practice of whistleblowing and human rights activism, (b) the fact that whistleblowers are not only subject to retaliation but are also being increasingly criminalized, and (c) the creation of a broad support network for whistleblowers like Chelsea Manning.
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Zakaria, Maheran, Rahayu Abdul Rahman, and Hasnun Anip Bustaman. "Exploring a Model of Whistle Blowing System for Malaysian Municipal Council." International Journal of Financial Research 11, no. 3 (June 30, 2020): 62. http://dx.doi.org/10.5430/ijfr.v11n3p62.
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A municipal council is one of the local authorities established under the auspice of Malaysian local government. The objective is to deliver services to a community under its jurisdiction in a sustainable manner, but evidences indicated that the service qualities have deteriorated due to numerous malpractices. The malpractices could be prevented should any of the insiders who witness the incidences whistle blow to those who have power to act. However, not many are willing to report for fear of reprisal, retaliation and even life threatening. Despite that a whistleblowing system is established to encourage whistleblowing, such system has yet to be formed in any of Malaysian municipal councils. Intrigued with the issue, the objective of this study is to explore a model of whistle blowing system for a Malaysian municipal council. A hermeneutic phenomenography study was conducted in which data were gathered through in-depth interviews and focus group discussions. The participants consisted of four top management and sixty officials from a Malaysian municipal council. Data were analyzed qualitatively using Nvivo 14 and triangulated with other source of documents. The findings from emergent themes proposed a model of the whistleblowing system that consisted of four elements namely protection, internal control policies, incentives and ethical culture. This discovery provides useful insights to policy makers, relevant authorities, and academic fraternities of the model of whistle blowing system that will alleviate malpractices and thus elevate the transparency, efficiency and integrity of the municipal council to the fullest.
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Jurgilewicz, Marcin, Krzysztof Michalski, Andrzej Misiuk, and Jozefína Drotarova. "Internal Whistleblowing Systems – New Standards for Active Security Management and Protection Against Systemic Risks." EUROPEAN RESEARCH STUDIES JOURNAL XXIII, Special Issue 2 (November 1, 2020): 638–58. http://dx.doi.org/10.35808/ersj/1846.
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Jurgilewicz, Marcin, Krzysztof Michalski, Andrzej Misiuk, and Jozefína Drotarova. "Internal Whistleblowing Systems – New Standards for Active Security Management and Protection Against Systemic Risks." EUROPEAN RESEARCH STUDIES JOURNAL XXIII, Special Issue 3 (November 1, 2020): 339–59. http://dx.doi.org/10.35808/ersj/1887.
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Chaudhary, Narendra Singh, Kriti Priya Gupta, and Shivinder Phoolka. "A study of whistle-blowing intentions of teachers working in higher education sector." International Journal of Law and Management 61, no. 1 (February 11, 2019): 106–32. http://dx.doi.org/10.1108/ijlma-10-2017-0253.
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PurposeThis paper aims to explore the key factors which influence whistleblowing intentions of teachers working with higher education institutions (HEIs) in India. Both internal and external whistleblowing intentions of the HEI teachers are studied by examining their relative intentions to report a potential wrongdoing to the authorities within the management of the institution and to the external statutory bodies. The reporting intentions of the HEI teachers are measured through the use of three vignettes related to academic frauds. Whistleblowing intentions are proposed to be determined by the individual, organizational and situational factors.Design/methodology/approachSurvey method of descriptive research design has been used to obtain the primary data regarding the individual, organizational and situational variables deemed to influence HEI teachers’ internal and external whistleblowing intentions. A self-administered structured questionnaire is used as survey instrument for primary data collection. The respondents’ internal and external whistleblowing intentions are measured through the use of three vignettes related to academic frauds. Non-parametric tests such as Mann–Whitney U test, Kruskal–Wallis test and Spearman correlations have been used to test the research hypotheses.FindingsThe study has found that the HEI teachers are more likely to blow the whistle internally if there is a proper communication channel in their organization for reporting wrongdoings. However, they do not hesitate to blow the whistle externally in the absence of internal reporting channel, especially in those cases of wrongdoings where they perceive the cost of reporting to be high. The high status of the wrongdoer and high costs of reporting discourage the teachers to blow the whistle internally. However, if the wrongdoer holds a very powerful position in the organization, then the teachers prefer to report his wrongdoing to external agencies as they are afraid of the likely negative repercussions of reporting against him internally. In case of serious wrongdoings, the teachers intend to blow the whistle within the organization rather than going to external agencies probably because they do not want to spoil the image of their organization in the external world.Research limitations/implicationsThe first limitation is that because of the unavailability of pre-tested vignettes in the context of academic frauds, the study has used three vignettes which have been developed on the basis of few case studies. Second, the results showed the existence of social desirability bias across all the three vignettes. Also, the study has been conducted among teaching professionals; therefore, the findings cannot be generalized to the professionals of other sectors.Practical implicationsThe findings of the study may bring awareness to the board of management of HEIs, regarding the importance of whistleblowing in their educational institutions. They should encourage the teachers working with their institutions to report the wrongdoings internally as external reporting may cause damage to their institute’s reputation. Proper reporting mechanisms should be designed and shared with the employees as a part of institutional culture.Social implicationsThe Whistle Blowers Protection Act passed by the Parliament of India in 2011 should be amended to include the private sector employees, especially the teachers working in higher education sector. This will encourage the HEI teachers to report the academic frauds fearlessly which will put a serious check on the growing number of frauds and wrongdoings in the education sector.Originality/valuePrevious research studies have discussed the factors influencing whistleblowing intentions in the context of various non-academic organizations. However, existing research has not adequately provided a better understanding of the influencing factors of whistleblowing intentions in higher education sector. The present paper addresses this gap by empirically examining the key factors which influence HEI teachers’ intentions of blowing the whistle and reporting the wrongdoings occurring in their institutions, in Indian context. An attempt has been made to identify the influencing factors of both internal and external whistleblowing intentions by using three different vignettes related with academic frauds.
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Ashton, Jeanette. "Whistleblowing Protection and Concurrent ‘Worker’ Status for a Junior Doctor: Day v Health Education England." Industrial Law Journal 46, no. 3 (August 4, 2017): 397–405. http://dx.doi.org/10.1093/indlaw/dwx010.
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Di Salvo, Philip. "Securing Whistleblowing in the Digital Age: SecureDrop and the Changing Journalistic Practices for Source Protection." Digital Journalism 9, no. 4 (March 17, 2021): 443–60. http://dx.doi.org/10.1080/21670811.2021.1889384.
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Dorasamy, Nirmala, and Soma Pillay. "Institutionalising a value enacted dominant organisational culture: An impetus for whistleblowing." Corporate Ownership and Control 8, no. 3 (2011): 297–304. http://dx.doi.org/10.22495/cocv8i3c2p6.
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Whistle blowing on organisational wrongdoing is becoming increasingly prevalent. However, a renewal of existing literature reveals that every potential whistle blower is not always inclined to blow the whistle, despite protection being accorded to whistleblowers through legislation. The cost of blowing the whistle can be a deterrent to potential whistle blowers. It is quite plausible that an organisational culture which institutionalizes a dominant value based system can decrease whistle blowers expectations of retaliation. The purpose of this article is to provide a conceptual framework for a dominant value enacted organisational culture which can serve as an impetus for whistle blowing in the public sector. It is important that organisations make their value systems “lived” practices to motivate potential whistleblowers to report on wrongdoing. It can be argued that the institutionalisation of enacted values can lead to low perceptions of retaliation, which is often a deterrent in blowing the whistle.
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Wang, Qiwei, Matteo Curcuruto, Qiang Mei, Suxia Liu, Qiaomei Zhou, and JingJing Zhang. "Agent-Based Modeling of Employee Protection-Oriented Safety Proactivity Behaviors at Small Scale Enterprises." BioMed Research International 2019 (May 19, 2019): 1–14. http://dx.doi.org/10.1155/2019/2471418.
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Although the safety production level at small scale enterprises is important for business success, critical safety interactions among the enterprises, its employees, the public, and the government have not been explained well in the literature. To address this gap, a bottom-up method of agent-based modeling is applied here that includes these key stakeholders. The study illustrates how employee protection-oriented safety proactivity behaviors, including whistleblowing and public exposure, can impact the safety production level at small scale enterprises, which are also watched by the public and regulated by the government. The results confirm that protection-oriented safety proactivity behaviors have a significant impact on the safety production levels at small enterprises through the interactions among multiple agents. The model results are validated using an employee questionnaire. The recommendation is for employees to encourage protection-oriented safety proactivity behaviors to improve safety production levels and for the public and the government to provide additional safety support.
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Kobroń-Gąsiorowska, Łucja. "WHISTLEBLOWING IN HIGHER EDUCATION – REMARKS DE LEGE LATA AND DE LEGE FERENDA." Roczniki Administracji i Prawa 4, no. XX (December 30, 2020): 261–78. http://dx.doi.org/10.5604/01.3001.0014.8441.
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The purpose of this article is to provide external and internal legal protection against adverse employment-related activities available to employees of higher education institutions in Poland, who disclose information of public significance to which they have access, risking this disciplinary and professional liability. The article focuses on the consequences of a particular type of behavior, which is commonly referred to as „reporting irregularities“ or „whistleblowing.“ Since an academic teacher‘s employment relationship in Poland is such that the employer, when terminating the employment relationship, must state the reason for such a decision. Although academic teachers are required to comply with the Act on Higher Education and Science of 2018 and the Labor Code in the unregulated area, it should not be forgotten that there are additional legal requirements specific to their status.