Visselblåsarlagar i olika länder - del tre

While legislation around the world differs, many countries protect those who expose wrongdoing with specific whistleblower laws. In our mini-series, we will look at some of the different whistleblower laws around the world. In this article, we’ll mention a few other countries that aren’t members of the European Union.  

Did you miss the first two parts? You can read them here and here.  

Serbia 

Serbia’s law on whistleblower protection has been regarded as a model law by leading experts at an international level. Implemented in 2015, it is the first (and only) whistleblower law in the world where whistleblowers themselves have contributed to the draft. With more than 350 cases brought to the court of justice in its first two years, the law has exceeded all expectations. 

The law aims to provide whistleblowers with the utmost protection and is often cited as an example of a highly elaborated regulatory act. One important detail is the omission of the notion of whistleblowing “in good faith.” Drafters of the law opposed this notion because delving into the reasons behind whistleblowing could lead to manipulation.  

There is also a court issue of temporary protection measures which guarantees the whistleblower’s reinstatement to their workplace in the event the dismissal proves to be illegal. This is an effective measure of dealing with retaliatory actions against whistleblowers and the whistleblower must only prove that this action occurred following the report.  

Norway 

Whistleblowers in Norway are protected under the Norwegian Working Environment Act. This applies to individuals reporting ‘censurable conditions’ including breaches of law or ethical standards, danger to health and safety, climate or environmental hazards, corruption or financial crime, harassment, and breach of personal data security.  

For the purpose of whistleblowing claims, the definition of ‘employees’ is quite broad. In addition to workers, groups that are considered ‘employees’ includes students, military personnel, inmates, patients, persons in work-oriented situations, and those in labour market schemes. Although fewer groups are covered than in the EU Whistleblowing Directive, the Norwegian legislation does cover a wider range of whistleblowing situations.  

The authors of the International Bar Association’s report noted that Norway’s strong labour laws already provide protection for employees, which may include cases of whistleblowing.  

For more info about whistleblowing in Norway, please read our Partner Interview with Kvamme Associates, Norway. 

South Africa 

South African protection for whistleblowers is primarily found in the Protected Disclosures Act (2000). The legislation applies to employees in both the private and public sectors, but excludes volunteers and independent contractors. It aims to prevent backlash or repercussions from employers, and to ensure that whistleblowers feel safe and free to raise concerns.  

Disclosures can be made to a variety of authorities and individuals, with special public protection agencies provided (Public Protector and Auditor-General). The idea is that it is much more beneficial for the employer and employee if disclosures are made internally, rather than externally (i.e., to the media).  

Brazil 

A relative newcomer to whistleblower protection legislation, Brazil implemented Article 15 of Federal Law 13.964 (The Anticrime Law) in 2019. This applies not only to public corruption cases, but also to government-organisation related fraud, criminal activities, and administrative misconduct in the public interest. Similar to ‘bounties’ in the US, there is even a monetary reward for whistleblowing. These rewards are specified as 5% of the funds recovered by the government. Safeguards include the usual confidentiality, protection against retaliation, and immunity from civil and criminal liability. There is also protection afforded by the Brazilian Victim and Witness Protection Act. 

Argentina 

Section 41 of  the Argentine Criminal Code grants protection and a different kind of incentive to whistleblowers. Instead of financial reward, those revealing information about crimes of corruption, fraud and financial offences may benefit from reduced penalties. However, an OECD report from 2019 states that there is no current legislation specifically protecting whistleblowers. Companies in the private sector must comply with the Corporate Liability Law, although there is only a recommendation for companies to have a whistleblower protection policy. According to the OECD report, Argentina has taken some steps to streamline the reporting process in the public sector. 

Colombia 

Colombia’s record of whistleblowing is rather different, as there is currently no legislation regarding whistleblowing. Despite high levels of corruption, any bills proposing whistleblower protection are often rejected. An OECD anti-bribery evaluation published in 2019 urged the government to ‘adopt whistleblower protection legislation that provides clear and comprehensive protections (sic.) from retaliation to whistleblowers across the public and private sectors.’ The Practitioner’s Guide to Global Investigations, Fourth Edition Colombia article published in 2020 states that while there is a protection programme in place for informers and victims, in high-profile cases whistleblowers may ask for protection as well. It also mentions financial incentives for whistleblowers, authorised by the Ministry of Defence. 

Whistleblower protection is important for everyone  

Legislation may vary from country to country, but one thing is clear. It’s in the interest of all parties to have safe and confidential systems for whistleblowers to report misconduct. Both employees and the wider public in all countries will reap the benefits of whistleblower protection. 

Read more about where countries are up to in adopting the EU Whistleblowing Directive here. You can also learn more about National Whistleblower laws in the EU here.