Introduction
A practical guide to help protect whistleblowers and NGOs from retaliatory legal risks and safeguard truth-telling and transparency. The report is designed to inform policymakers, civil society organisations and the public about the human rights implications of SLAPPs.
The guide:
- identifies the most significant legal risks associated with working with whistleblowers and provides key summaries for NGOs to consider when conducting risk assessments in their work;
- aims to facilitate a greater culture of transparency; and
- support organisations in their advocacy by leveraging the truth-telling of whistleblowers.
Purpose of this Guide
Whistleblowers are fundamental to our integrity systems. They can be sources of vital information for advocacy and campaign work but speaking up can involve risk. Understanding risk and having strategies in place to help mitigate that risk can protect the whistleblower and the organisation.
Non-government organisations (NGOs) are often the first point of contact for individuals taking direct action to speak up against wrongdoing, from human rights abuses and environmental damage to government corruption and corporate misdeeds. NGOs are critical agents to advocate for greater transparency and accountability.
Whistleblowers play an important role by providing insight and information to identify where and how wrongdoing is occurring. Without transparency there can be no accountability.
This resource is designed to protect whistleblowers and NGOs from retaliatory legal risk. It identifies the most significant legal risks associated with working with whistleblowers and provides key summaries for NGOs to consider when conducting risk assessments in their work. It aims to facilitate a greater culture of transparency and support organisations in their advocacy by leveraging the truth-telling of whistleblowers
Key Concepts
Who is a Whistleblower?
A whistleblower is typically an employee, contractor or other worker who has access to information regarding wrongdoing that is not otherwise known to the public, and who discloses that information. This disclosure is known as whistleblowing, and can be made to an internal whistleblowing mechanism, an external oversight body, or sometimes to the public.
Whistleblowing involves disclosing incidents where law or process has been breached, including human rights abuses, fraud, corruption, maladministration, harassment, threats to health and safety or environmental wrongdoing. Because of their employment or contractual relationship, whistleblowers may have obligations to keep certain information confidential.
In Australia, there are laws that protect whistleblowers who speak up by making disclosures following particular pathways established in legislation (Whistleblower Laws). While Australian whistleblowing laws provide protection and immunities against these obligations in certain situations, in some circumstances a whistleblower may choose to provide that information directly to an external organisation, for example, an NGO. This can come with legal risk.
What is a SLAPP?
Strategic lawsuits/litigation against public participation (SLAPPs) are legal actions which have the effect of intimidating, silencing, or financially burdening individuals and organisations advocating in the public interest. Commonly filed by powerful actors like corporations, wealthy individuals or governments, these actions often target human rights defenders, journalists, whistleblowers, activists or civil society groups for their advocacy on public interest matters. They are also used to silence victim survivors of abuse and harassment from speaking up.
SLAPPs exploit the law to silence or discourage participation, advocacy or activism. These strategies create financial and emotional strain on those they target.
SLAPP tactics are varied but they typically involve three main elements:
- The claimant is an economically or politically powerful entity, like a corporation, a government or a wealthy individual.
- The respondent is raising awareness of a matter in the public interest, or reporting abuse or harm.
- The issue at stake involves public participation, including the exercise of the freedom of speech or the right to peaceful assembly over a public interest issue.
Not all legal actions against whistleblowers or people advocating in the public interest are SLAPPs. However, any legal action against a whistleblower or NGO can have a chilling effect by deterring or intimidating others. This guide considers legal risks for organisations and the whistleblowers they may work with.
It is crucial that NGOs seek independent legal advice as soon as they become aware of a potential SLAPP claim. Early legal guidance can help organisations assess risk, understand their rights, and develop a strategy to protect their mission and the people they support. Taking proactive steps can make all the difference in ensuring that advocacy efforts are not undermined by legal intimidation.
Contents
- Purpose of this Guide 2
- Glossary 3
- Key Concepts 4
- Identifying a whistleblower 6
- Whistleblower Rights and Protections 10
- Risks to NGOs and whistleblowers 12
- Practical advice on working with whistleblowers 18
- Schedule 1 – List of Whistleblower Laws
Download Resource
Protecting Whistleblowers and NGOs from getting SLAPPed: A Practical Guide (PDF)