Comparison of Whistle-blower Protection Mechanism of Select Countries

Sharma, Jai Prakash; Kanojia, Sunaina; Sachdeva, Shikha

doi:10.1177/0974686218769198

Cited by 7 publications

(6 citation statements)

References 47 publications

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“…Within this, few studies have compared the federal legislation with the state legislature and attempted to identify any states that offer better protection to whistleblowers than federal law currently provides (Goza, Tyner, & Johnson, 2014). Merely one paper under this theme has published in Indian journal where it has been revealed that legislation for whistleblower protection vary widely across nations with the US A delivering the best protection to whistleblowers trailed by Australian whistleblower protection laws and, then, South Africa; India, China and Indonesia lag considerably behind in having a sound whistleblower mechanism (Sharma, Kanojia, & Sachdeva, 2018).…”

Section: Analysis and Discussionmentioning

confidence: 99%

State of Whistleblowing Research: A Thematic Analysis

Mehrotra

Mishra

Srikanth

et al. 2019

FIIB Business Review

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The relative starring role of whistleblowing incidences in exposing the corporate wrongdoings and money laundering to combat corruption impeding the development of the economy offers a platform to explore the whistleblowing literature and map the state of scholarship in different national and international journals in the period 2012–2018. It also provides a gap analysis assessment through thematic analysis of the ghettoized articles and brings into focus the possible research lacunas. The outcomes of the analysis reveal that much evolvement has set in motion in terms of many articles published in a varied range of peer-reviewed journals on a myriad of themes focusing mainly on the USA. However, whistleblowing research in India as the cohort is still in its infancy. The convergence of the importance of specific topics such as regulatory mechanisms and reforms, incentives and awards system for promoting the whistleblowing activities as an anti-corruption instrument, and the other fundamental driving forces triggering or hindering the whistleblowing intent signals the presence of the collective body of knowledge in this field. This study may contribute constructively to escalating the advanced research particularly on Indian perspective in order to bring more clarity to streamline the whistleblowing policies and mechanisms with full proof protections against retaliation involved in detecting and disclosing the corrupt practices.

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Section: Analysis and Discussionmentioning

confidence: 99%

State of Whistleblowing Research: A Thematic Analysis

Mehrotra

Mishra

Srikanth

et al. 2019

FIIB Business Review

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“…On the contrary, Balakrishnan (2016) reports that the Malaysian Government has decided to retain and strengthen the application of sedition law, that could further impede the right to impart PSI in Malaysia. With regards to the protection of the whistleblower, Sharma et al (2018) work indicates that the UK, Canada and New Zealand whistleblower laws allow the employees to disclose wrongdoings direct to the public apart from the authorised body. The repealed or modification of the secrecy and sedition laws could further enable, protect and promote the right to impart PSI among the members of the public.…”

Section: Literature Reviewmentioning

confidence: 99%

A Survey on Statutory Reform for the Right to Impart Public Sector Information in Malaysia

Hashim

Mahmood

2019

International Journal of Asian Social Science

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The aim of the research is to propose a statutory reform for the right to impart public sector information (PSI) in Malaysia. Malaysia neither have a specific law nor constitutional provisions for the right to information. As former British colony, Malaysia inherits secrecy, sedition, printing and publication laws that impede the exercise of the right. The research conducts a survey involving respondents representing government agency, independent statutory body, civil society and academia. The survey is aimed at finding statutory measures deemed appropriate for statutory reform of the right to impart PSI in Malaysia. Prior to the survey, the research analysed various statutory measures enabling, protecting and promoting the right to impart PSI from selected Commonwealth countries. These statutory analyses become the basis for the development of the survey instrument of the research. The survey instrument covers 11 statutory measures for reform in six critical areas of law i.e. constitutional, secrecy, sedition, publication, whistleblower and evidence laws. The findings of the survey indicate that all 11 statutory measures are deemed appropriate for statutory reform of the right to impart PSI in Malaysia. The findings further indicate that statutory reform is necessary for three colonial era laws i.e. secrecy, sedition and evidence laws. Statutory reform is also found to be necessary for three other postcolonial laws i.e. constitution, publication and whistleblower laws. The findings of the survey have been used as an input in the proposed statutory reform for the right to impart PSI in Malaysia. Contribution/ Originality: This study is one of very few studies which have investigated the right to impart PSI in Malaysia. The paper's primary contribution is the findings that statutory reform is necessary for three colonial era laws (secrecy, sedition and evidence laws) and three post-colonial laws (constitution, publication and whistleblower laws).

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“…Whistle-blower protection is an important corporate governance tool for the protection of organizations' stakeholders and having a sound whistle-blower protection mechanism in place is an indicator of good corporate governance (Ffolkes-Goldson, 2015). In other words, having a robust whistle-blower mechanism is one of the most important devices for having good corporate governance (Sharma et al, 2018). Information provided by insiders can contribute to the goal of reducing illegal activities by capital market executives in countries.…”

Section: Introductionmentioning

confidence: 99%

Mainstreaming whistleblowing as a regulatory mechanism against fraud in Nigeria’s capital market

Nwosu

Nwoke

Ajibo

et al. 2021

JFC

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Purpose This paper aims to analyze the importance and application of whistleblowing in the fight against fraud in Nigeria’s capital market. Design/methodology/approach Drawing from existing legislation and literature in the area, the paper (by adopting a doctrinal approach), analyzes the application of whistleblowing in the Nigerian capital market. Findings As a result of an inadequate legislative framework (a structure consisting mainly of mere policy directives and voluntary codes), whistleblowing is seldom used in Nigeria’s capital market. Originality/value This paper extends the body of knowledge in the area of whistleblowing in Nigeria’s capital market by not only identifying the non-utilization of the concept but also offers creative suggestions, which will help it is to normalize as a regulatory tool for reducing fraud in this sector.

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Comparison of Whistle-blower Protection Mechanism of Select Countries

Cited by 7 publications

References 47 publications

State of Whistleblowing Research: A Thematic Analysis

State of Whistleblowing Research: A Thematic Analysis

A Survey on Statutory Reform for the Right to Impart Public Sector Information in Malaysia

Mainstreaming whistleblowing as a regulatory mechanism against fraud in Nigeria’s capital market

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