Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports

Summary/Abstract: This analysis focuses on evaluating the effectiveness of the mechanisms embedded in the Whistle-blower Protection Act in addressing false reporting and balancing the interests of whistleblowerswith those of individuals potentially harmed by unfounded accusations. Key protective instrumentshave been identified, including civil liability for knowingly false reports and the obligation to verifysuch reports through impartial entities. The analysis revealed that, while the Act introduces signifi-cant safeguards, the current measures may be insufficient to prevent abuse, particularly in cases ofanonymous reports, which increase the risk of false accusations.The study recommends implementing additional preventive mechanisms, such as mandatory train-ing on the ethical use of reporting procedures and enhancing verification processes. Attention is alsodrawn to the need for more proportionate sanctions against whistleblowers engaging in deliberatemisuse. The necessity of balancing whistleblower protection against retaliation with the protectionof the rights of individuals potentially affected by false reports is emphasized.The findings indicate that achieving a balance between protecting whistleblower interests and theinterests of accused parties requires further refinement of regulations, systematic monitoring of theirapplication, and fostering transparency within organizations. Such measures would enable the Actto effectively support the disclosure of genuine legal violations while mitigating the risk of abuse.

• Details
• Contents