Whistleblowing For Change

The courageous acts of whistleblowing that inspired the world over the past few years have changed our perception of surveillance and control in today's information society. But what are the wider effects of whistleblowing as an act of dissent on politics, society, and the arts? How does it contribute to new courses of action, digital tools, and contents? This urgent intervention based on the work of Berlin's Disruption Network Lab examines this growing phenomenon, offering interdisciplinary pathways to empower the public by investigating whistleblowing as a developing political practice that has the ability to provoke change from within.

Whisteblowers are necessary to introduce change into a company when wrongdoings are identified. They are the first employees within a company that witness and show wrongdoings that arise in the everyday dealings of a company. However, they are often ignored by their colleagues, supervisors and the company. Within this research the issues that arrise from neglecting the information provided by whistleblowers and ignoring the wrongdoing are illustrated using the case of “de Nederlandse Zorgautoreit”, henceforth NZA. The key variables related to whisteblowing are shown from the perspective of a potential whistleblower as well as from a company’s perspective. Finally it is concluded what went wrong in the NZA case and recommendations are provided.

When people try to speak up about serious wrongdoing in their organizations, they are often ignored and sometimes punished for their efforts. Society tends to accept the suffering of whistleblowers, who often experience significant retaliation, as more or less normal. This book challenges this acceptance. It explores how the narrative might be changed. Whistleblowing draws on emergent theories in the fields of organization studies and sociology to address the questions of why whistleblowers are frequently ignored and why, if they are acknowledged for speaking up, they are then isolated by colleagues, industry peers, and even loved ones. Kate Kenny offers a new way to understand whistleblowing and the experiences of those involved in it, and explains both how whistleblowers can cope and survive their ordeal and how organizations can change to protect and benefit from whistleblowers.--

When people try to speak up about serious wrongdoing in their organizations, they are often ignored and sometimes punished for their efforts. Society tends to accept the suffering of whistleblowers, who often experience significant retaliation, as more or less normal. This book challenges this acceptance. It explores how the narrative might be changed. Whistleblowing draws on emergent theories in the fields of organization studies and sociology to address the questions of why whistleblowers are frequently ignored and why, if they are acknowledged for speaking up, they are then isolated by colleagues, industry peers, and even loved ones. Kate Kenny offers a new way to understand whistleblowing and the experiences of those involved in it, and explains both how whistleblowers can cope and survive their ordeal and how organizations can change to protect and benefit from whistleblowers.--

In a dark departure from our standard picture of whistleblowers, C. Fred Alford offers a chilling account of the world of people who have come forward to protest organizational malfeasance in government agencies and in the private sector. The conventional story—high-minded individual fights soulless organization, is persecuted, yet triumphs in the end—is seductive and pervasive. In speaking with whistleblowers and their families, lawyers, and therapists, Alford discovers that the reality of whistleblowing is grim. Few whistleblowers succeed in effecting change; even fewer are regarded as heroes or martyrs.Alford mixes narrative analysis with political insight to offer a frank picture of whistleblowing and a controversial view of organizations. According to Alford, the organization as an institution is dedicated to the destruction of the moral individualist. Frequently, he claims, the organization succeeds, which means that the whistleblowers are broken, unable to reconcile their actions and beliefs with the responses they receive from others. In addition to being mistreated by organizations, whistleblowers often do not receive support from their families and communities. In order to make sense of their stories, Alford claims, some whistleblowers must set aside the things they have always believed: that loyalty is larger than the herd instinct, that someone in charge will do the right thing, that the family is a haven from a heartless world. Alford argues that few whistleblowers recover from their experience, and that, even then, they live in a world very different from the one they knew before their confrontation with the organization.

This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective. The book brings together authors from various jurisdictions – Canada, Australia, and the USA – who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview. The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers.

Whistleblowing is the public disclosure of information with the purpose of revealing wrongdoings and abuses of power that harm the public interest. This book presents a comprehensive theory of whistleblowing: it defines the concept, reconstructs its origins, discusses it within the current ethical debate, and elaborates a justification of unauthorized disclosures. Its normative proposal is based on three criteria of permissibility: the communicative constraints, the intent, and the public interest conditions. The book distinguishes between two forms of whistleblowing, civic and political, showing how they apply in the contexts of corruption and government secrecy. The book articulates a conception of public interest as a claim concerning the presumptive interest of the public. It argues that public interest is defined in opposition to corporate powers and its core content identified by the rights that are all-purposive for the distribution of social benefits. A crucial part of the proposal is dedicated to the impact of security policies and government secrecy on civil liberties. It argues that unrestrained secrecy limits the epistemic entitlement of citizens to know under which conditions their rights are limited by security policies and corporate interests. When citizens are denied the right to assess when these policies are prejudicial to their freedoms, whistleblowing represents a legitimate form of political agency that safeguards the fundamental rights of citizens against the threat of unrestrained secrecy by government power. Finally, the book contributes to shifting the attention of democratic theory from the procedures of consent formation to the mechanisms that guarantee the expression of dissent. It argues that whistleblowing is a distinctive form of civil dissent that contributes to the demands of institutional transparency in constitutional democracies and explores the idea that the way institutions are responsive to dissent determines the robustness of democracy, and ultimately, its legitimacy. What place dissenters have within a society, whether they enjoy personal safety, legal protection, and safe channels for their disclosure, are hallmarks of a good democracy, and of its sense of justice.

This volume takes a look at the status quo of whistleblowing in several jurisdictions from around the world. Covering a topic that draws the attention of a broad public and is gaining importance amongst legislators, practitioners and scholars all over the globe, the book examines the various aspects of whistleblowing. It looks at what kind of legal protection of whistleblowers is in force, who is protected, what kind of behaviour is protected, and what kind of behaviour whistleblowers are protected against. This is achieved by a combination of a general comparative report with country-specific reports that give information on whistleblowing in various jurisdictions. These countries include, amongst others, Canada, Germany, France, Italy, the Netherlands and the USA. A synopsis comprises information on whistleblowing in 23 countries in one tabula. The chapters of this book were originally prepared for the XIXth International Congress of Comparative Law (20th and 21st sup="" July 2014) of International Academy of Comparative Law in Vienna.