Both confidential and anonymous disclosures exist in the public sector, but some public agencies which receive internal reports do not pursue any anonymous disclosures. A few public agencies promote internal reporting among their employees, but the results are ineffective and limited to a few bodies. Protection to whistleblowers under companies’ policies provides for compensation for the possible damages suffered, but does not include the possibility of reward for the reporting person. False and malicious disclosures are usually treated with a financial sanction by private companies and may result in allegations of defamation. There are no default procedures regarding the followup of reports. Each company decides whether or not to involve the whistleblower in the next steps of the procedure. Usually, the whistleblower is involved only when it is deemed necessary or helpful to the investigation. No time limits are set for the duration of protection after a disclosure, either by companies or public bodies. Other than the police and public prosecutors, no specific public bodies or agencies have been appointed to receive disclosures or reports about crimes or irregularities.
Alternative to Silence
Conclusions
Recommendations
There is no specific whistleblowing legislation in Italy. Some protection mechanisms exist, but they are fragmented and are not intended specifically to protect whistleblowers, such as the provisions protecting witnesses of organised crimes. Some big private companies have established whistleblowing procedures. In the public sector, despite recommendations by some public agencies’ leaders to introduce related provisions, whistleblowing or other kinds of internal reporting are barely considered.
A national law on whistleblowing or a related European Union directive is desirable. Such a law should cover both the public and private sectors. There needs to be a change in the public perception of whistleblowing and a specific emphasis on raising awareness of the need for effective reporting mechanisms in small and medium enterprises. Side tools and procedures would help the correct and efficient use of whistleblower mechanisms, such as the establishment of hotlines or other services to assist citizens in reporting. Sound institutional communication on the advantages of possible whistleblower legislation (for workers, organisations, the wider community and the financial markets) is a necessity.
Workers are generally protected against unjust dismissal under existing labour laws; however, there is no specific protection against other kinds of reprisal (e.g. demotion, transfer or hostile behaviour). In the absence of specific and effective whistleblower protection provisions, the Italian cultural context does not favour reporting illegal activities.
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