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- Title
WHISTLEBLOWING: "IN GOOD FAITH" OR "IN THE PUBLIC INTEREST"?
- Authors
STYLIANIDOU, MARIA; Vogin, F.
- Abstract
The essential role played by whistleblowers when it comes to the prevention, reporting and remedying of wrongdoing is no longer a topic of debate after the wide range of cases uncovered thanks to the reporting of brave individuals. The concepts of who can be a whistleblower and what reprehensible actions may be reported through a whistleblower system are some of the key pillars of any whistleblower framework. ? principal requirement of most whistleblower protection provisions in multilateral anti-corruption instruments, and corresponding domestic whistleblower protection legislation, is that the disclosures be made in "good faith" and on "reasonable grounds." In the last years there is a new tendency that the requirement of "good faith" should be omitted in favor of a "public interest" requirement so as to move the focus of the legislation to "the message rather than the messenger", on the basis that a disclosure which is in the public interest should not be unprotected solely because it is made in bad faith. This study will focus on this reflection.
- Subjects
WHISTLEBLOWING; WHISTLEBLOWERS; CORRUPTION; PUBLIC interest; BAD faith (Law)
- Publication
European Review of Public Law, 2018, Vol 30, Issue 4, p1133
- ISSN
1105-1590
- Publication type
Article