This document summarizes Mark Worth's presentation on whistleblower protection at an OECD conference in Paris. It outlines how many countries have passed whistleblower protection laws since the late 1980s and 2000s in response to scandals. However, most of these laws still lack adequate protections and enforcement mechanisms. The document then provides examples of whistleblowers in various countries who were reinstated or received compensation after facing retaliation, demonstrating that cultural attitudes can change with media exposure, public support, and adaptive training by governments. It argues a combined bottom-up and top-down strategy is needed to continue improving whistleblower laws and protections.

1. Keeping Pace:
Whistleblowing and the
Response of Government
MarkWorth
Project Manager
International Whistleblower Project
Re-visiting Whistleblower Protection
OECD, Paris, 17 June 2014

2. Post hoc ergo propter hoc
 US:Whistleblower Protection Act, 1989 (“Challenger Law”)
 UK: Public Interest Disclosure Act, 1998
 South Africa: Protected Disclosures Act, 2000
 Rep. of Korea: Protection of Public InterestWBers Act, 2011
 France: public health / environmentWBer law, 2013
 India: Whistle Blowers Protection Act, 2014
 Ireland: Protected Disclosures Bill, 20??

3. Why?
 Cultural change – or a change in political reality?
 Intention => implementation
 Seize the opportunities

4. Whistleblower Protection Rules
in G20 Countries:
The Next Action Plan

5. G20 countries:
public sector laws

6. G20 countries:
private sector laws

7. G20 Scorecard
MostWBer laws for government and corporate employees lack:
adequate internal and external disclosure channels
opportunities for anonymous reporting
agency to investigate disclosures and complaints
transparent / accountable enforcement of laws
Plus, mostWBer laws for corporate employees lack:
confidentiality guarantee
penalties for retaliators
MostWBer laws for government and corporate employees include:
protections from a wide range of retaliation
broad definition of who is a “whistleblower”
options to report internally or to government regulators
“reasonable belief” threshold

8. Redemption
Reinstatements, protections, compensation
 South Africa: “Mrs. M”, 2011 / Kobus Roos, 2014
 Nigeria: Laurence do Rego, 2014
 Ireland: Louise Bayliss, 2012
 Malaysia: company finance staffer, 2014
 Rep. of Korea: waste disposal worker

9. Redemption
Reinstatements, protections, compensation
 Japan: Masaharu Hamada, 2012
 BiH: 2WBers granted protection, 2014
 Slovenia: 5 WBers granted protection, 2010-12
 UK:
o Jon Fayle, 2013
o Martin Morton, 2011
o Margaret Haywood, 2009
o RobertWatson, 2008

10. Redemption
Reinstatements, protections, compensation
 US: Franz Gayl, 2011
OSHA cases:
o injured railroad worker, 2014
o waste vehicle safety, 2014
o airplane emergency landing, 2013
o truck driving duration, 2013
o Sarbanes-Oxley, 2013
o unsafe drinking water, 2012
o lead overexposure, 2012

11. How?
• Media exposure –> journalists as de facto supporters
• Changes in public opinion / perceptions
• Public support –> political cover to politicians
• Gateway: it only takes one – have to go through it
• Governments are adapting / training themselves

12. Keeping Pace
• Strategy for change: bottom-up / top-down
• Learning / Telling / Doing

13. There has been a time
in the evolution of everything
when it didn't work.
MarkWorth
markworth@blueprintforfreespeech.net
(+49) 176 630 94993 (Berlin)