Whistleblower Laws: International Best Practice

This article provides a detailed overview about the considerations that need to be kept in mind while drafting a whistleblower protection law. It explains the pre-requisites for whistleblower laws and analyses the laws across various jurisdictions. Further it explains the different consideration that need to be put in place for public and private sector employees and the channels of disclosure that need to be implemented. The article concludes that effective whistleblower protections must include access to the normal legal process including trial by jury, protection for the whistleblower and protection of lawful disclosure. There must be no retaliation and there must be effective resolution of the wrongdoing disclosed by the whistleblower. It thus concludes that an effective legislation is the backbone of any proposed whistleblower protection.