Whistleblowers and the Law of Defamation: Time for Statutory Privilege?

"This article is based on the premise that whistleblowers can play a valuable role in modern society. The UK Public Interest Disclosure Act 1998 (PIDA 1998), which only applies to workers and requires that disclosures are made in “good faith”, makes no mention of the law of defamation. This article considers the impact of the law relating to libel and slander on actual and potential whistleblowers. It is observed that those who are not covered by PIDA 1998 are particularly exposed – if they cannot prove the truth of their allegations their motives may be examined in an action for defamation. The author concludes that it would be consistent with the principle of freedom of expression if statutory privileges were introduced and if Parliament removed the requirement of “good faith” for a disclosure to be protected under PIDA 1998."