2 LEGISLATION, POLICIES AND PRACTICE
2.3.1 INTERNAL AND EXTERNAL REPORTING Channels for reporting wrongdoing can be internal and external. In general, three different levels can be distinguished: channels provided by the organisation itself, such as ethics advisors or hotlines; channels provided by the regulator such as the police or the Ombudsman’s office, and other external channels such as the media or civil society organisations. Research and experience show that whistleblowers should have the opportunity to choose between different reporting channels – including independent external options, such as dedicated hotlines. The availability of multiple channels enables employees to select the person(s) with whom they are most comfortable sharing sensitive information, and the channel they find easiest to use.30 Whistleblowers tend to try internal reporting first and only go outside if their report is not being followed up. Recent research suggests that this holds across cultures: people in the UK, Turkey and South Korea would all prefer to blow the whistle through a formal internal procedure.31
Safe access to external reporting channels is indispensable to ensure that the internal process is accountable to a higher level or authority and to make organisations accountable for internal wrongdoing.
30 Miceli, Marcia et al: A Word to the Wise: How Managers and PolicyMakers can Encourage Employees to Report Wrongdoing, Journal of Business Ethics (2009) 86:3, pp. 379–396. 31 Park et al: Cultural Orientation and Attitudes Toward Different Forms of Whistleblowing: A Comparison of South Korea, Turkey and the UK, Journal of Business Ethics (2008) 82:929–939. 32 See: National analysis of whistleblower protection in Estonia, TI Estonia, (2009). 33 In Bulgaria, there is an Administrative Procedure Code which establishes the internal channels for disclosure but fails to specify which agencies or bodies are designated with fulfilling related functions.
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From the point of view of the organisations themselves, internal channels are an opportunity to investigate allegations and correct wrongdoing instead of seeing it publicly exposed. In countries such as Estonia, for example, companies prefer to receive internal disclosures from whistleblowers in order to resolve cases privately.32 However, internal channels often do not work. In some countries, such as Bulgaria and the Czech Republic, internal reporting channels for public sector workers are outlined, but without stipulating the government body or office that is to receive reports.33 As a result, some ministries report that no cases are being received. Safe access to external reporting channels is therefore indispensable to ensure that the internal process is accountable to a higher level or authority and to make organisations accountable for internal wrongdoing. Many practitioners argue that a whistleblower should be able to choose freely whether to report internally or externally, for manifold reasons: Firstly, potentially ineffective internal channels pose an additional barrier to disclosure and may discourage the whistleblower from speaking out, particularly if he or she is convinced that internal reporting will not lead to any change. Secondly, given the duty of the state to protect the public interest, it can be argued that there should be no distinction, in terms of level of evidence required, between internal reporting and reporting to public authorities such as the police or the Ombudsman, while it is legitimate to request a higher level of evidence before reporting to public media or other external bodies. Thirdly, any related provision needs to be accompanied by clear conditions under which use of the respective channels is protected. Considering that, overall, whistleblowing should be encouraged and made as less burdensome as possible, it should be carefully assessed whether the additional burden of proof on the whistleblower, required by a progressive disclosure system, might end up discouraging the reporting of wrongdoing or the risk of it. Lastly, giving the whistleblower a right to choose would provide an incentive to organisations to establish transparent and trustworthy internal whistleblowing systems that work in practice, and not only on paper.
Transparency International