Whistleblowers must be protected and not prosecuted to fight corruption. And corruption cannot be tackled without citizens willing to blow the whistle.
A whistleblower is someone who exposes information or activities that are deemed illegal, unethical or not transparently correct in an organisation.
While whistleblowers often pay a high price by taking personal risks in reporting suspected or actual bribery and other illegal activities, they must have legal protection in the form of guaranteed confidential reporting and anti-retaliation protection.
They must also be given the right to sue the organisation or directors for damages as a result of discriminatory or retaliatory behaviour.
In 2021, all 28 European Union (EU) members will have to meet the minimum standards, as provided by the EU Whistleblower Protection Directive (2019/1937), on creating free-speech protection for whistleblowers and employees who challenge illegal practices or abuse of power.
This new directive protects whistleblowers and encourages people to report wrongdoings through whichever route they consider appropriate.
Meanwhile, the International Organization for Standardization ISO/TC 309 Working Group 3 has designed and developed a Whistleblowing Management System Guidelines standard (ISO 37002), which is expected to be published by June 2021.
This document provides guidance for establishing, developing, implementing, evaluating, maintaining and improving a whistleblowing management system through trust, impartiality and protection throughout the stages of the whistleblowing cycle in an organisation.
The Malaysian Anti-Corruption Commission (MACC) has also indicated there will be a review of the Whistleblower Protection Act 2010 as there is a need to change and amend it according to certain situations and requirements.
Before amending it, the MACC should look into both the EU Whistleblower Protection Directive and ISO 37002 for further input.
The amendment should be able to protect whistleblowers if the disclosure is not only made to law enforcement agencies but also to any possible avenues, provided the whistleblower has not received any response from the internal and/or external reporting channels within the set time frame; has reasonable grounds to believe the breach constitutes an imminent danger to the public; fears a risk of retaliation; or believes it is unlikely that the wrongdoing would be effectively addressed due to the particular circumstances of the case.
KM Loi is president of the Association of Anti-bribery Management System Practitioners Malaysia.
The views expressed are those of the author and do not necessarily reflect those of FMT.