What is a Whistleblower? Definition, Examples, and Forms of Protection
For some members of the public, the term whistleblower may sound unfamiliar. However, it should be known that whistleblowers play an important role in uncovering suspected violations or criminal acts.
So, what is a whistleblower? See the explanation below.
Definition of Whistleblower
According to the official UK Government website (GOV.UK), a whistleblower is a person who reports certain types of wrongdoing. If the whistleblower is an employee, this is usually something they have seen at work – though not always so.
The wrongdoing revealed must be in the public interest. That means the wrongdoing must affect others, for example, the general public.
As a reporter of wrongdoing, whistleblowers are protected by law – they must not be treated unfairly or lose their job for ‘uncovering the truth’.
Meanwhile, according to the Merriam-Webster website, a whistleblower is a person who reveals something hidden or provides information that harms others. A whistleblower can be called a reporter.
For example, an employee who reports a violation committed by a superior or another employee to the government or law enforcement agency. It is noted that a wrongdoing reporter (whistleblower) is generally protected by law from retaliation.
Examples of Whistleblower Actions
A whistleblower will be protected by law if they report a complaint considered as a wrongdoing report or one of the following:
Criminal acts, such as fraud
Someone’s health and safety in danger
Real risk or damage to the environment
Injustice
A company breaking the law, such as not having appropriate insurance
The reporter believes someone is covering up a mistake
Sexual harassment
However, there are complaints that are not considered wrongdoing reports. Personal complaints are not covered by whistleblower legislation, unless the reporter’s case relates to the public interest.
Forms of Protection for Whistleblowers
Quoting Supreme Court Circular (SEMA) No. 4 of 2011, a whistleblower is defined as a reporter of criminal acts. In handling cases involving criminal act reporters (whistleblowers), the following guidelines must be followed:
The person concerned is a party who knows and reports a certain criminal act and is not part of the perpetrator of the crime they are reporting;
If the criminal act reporter is also reported by the respondent, the handling of the case based on the report submitted by the criminal act reporter takes precedence over the report from the respondent.
In addition, protection for criminal act reporters (whistleblowers) and cooperating perpetrator witnesses (justice collaborators) is regulated in Article 10 of Law No. 13 of 2006 on Witness and Victim Protection as follows:
Witnesses, victims, and reporters cannot be prosecuted legally, either criminally or civilly, for reports or testimony they will, are, or have given.
A witness who is also a suspect in the same case cannot be released from criminal prosecution if they are proven guilty legally and convincingly, but their testimony can be considered by the judge in mitigating the sentence.