Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports

This analysis focuses on evaluating the effectiveness of the mechanisms embedded in the Whistleblower Protection Act in addressing false reporting and balancing the interests of whistleblowers with those of individuals potentially harmed by unfou...

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Main Author: Łukasz Łaguna
Format: Article
Language:English
Published: Jagiellonian University 2025-03-01
Series:Studia z Zakresu Prawa Pracy i Polityki Społecznej
Online Access: https://ejournals.eu/czasopismo/szppips/artykul/mechanisms-to-mitigate-the-risk-of-abuse-associated-with-false-whistleblower-reports
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author Łukasz Łaguna
author_facet Łukasz Łaguna
author_sort Łukasz Łaguna
collection DOAJ
description This analysis focuses on evaluating the effectiveness of the mechanisms embedded in the Whistleblower Protection Act in addressing false reporting and balancing the interests of whistleblowers with those of individuals potentially harmed by unfounded accusations. Key protective instruments have been identified, including civil liability for knowingly false reports and the obligation to verify such reports through impartial entities. The analysis revealed that, while the Act introduces significant safeguards, the current measures may be insufficient to prevent abuse, particularly in cases of anonymous reports, which increase the risk of false accusations.The study recommends implementing additional preventive mechanisms, such as mandatory training on the ethical use of reporting procedures and enhancing verification processes. Attention is also drawn to the need for more proportionate sanctions against whistleblowers engaging in deliberate misuse. The necessity of balancing whistleblower protection against retaliation with the protection of the rights of individuals potentially affected by false reports is emphasized.The findings indicate that achieving a balance between protecting whistleblower interests and the interests of accused parties requires further refinement of regulations, systematic monitoring of their application, and fostering transparency within organizations. Such measures would enable the Act to effectively support the disclosure of genuine legal violations while mitigating the risk of abuse.
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2544-4654
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spelling doaj-art-2f92ee7efe4e4227b8938a51555fc3e52025-08-20T03:55:49ZengJagiellonian UniversityStudia z Zakresu Prawa Pracy i Polityki Społecznej1734-48672544-46542025-03-01Volume 32 (2025)1617010.4467/25444654SPP.25.005.21337 Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports Łukasz Łaguna0https://orcid.org/0000-0001-5692-5262 Uniwersytet Jagielloński w Krakowie This analysis focuses on evaluating the effectiveness of the mechanisms embedded in the Whistleblower Protection Act in addressing false reporting and balancing the interests of whistleblowers with those of individuals potentially harmed by unfounded accusations. Key protective instruments have been identified, including civil liability for knowingly false reports and the obligation to verify such reports through impartial entities. The analysis revealed that, while the Act introduces significant safeguards, the current measures may be insufficient to prevent abuse, particularly in cases of anonymous reports, which increase the risk of false accusations.The study recommends implementing additional preventive mechanisms, such as mandatory training on the ethical use of reporting procedures and enhancing verification processes. Attention is also drawn to the need for more proportionate sanctions against whistleblowers engaging in deliberate misuse. The necessity of balancing whistleblower protection against retaliation with the protection of the rights of individuals potentially affected by false reports is emphasized.The findings indicate that achieving a balance between protecting whistleblower interests and the interests of accused parties requires further refinement of regulations, systematic monitoring of their application, and fostering transparency within organizations. Such measures would enable the Act to effectively support the disclosure of genuine legal violations while mitigating the risk of abuse. https://ejournals.eu/czasopismo/szppips/artykul/mechanisms-to-mitigate-the-risk-of-abuse-associated-with-false-whistleblower-reports
spellingShingle Łukasz Łaguna
Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
Studia z Zakresu Prawa Pracy i Polityki Społecznej
title Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
title_full Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
title_fullStr Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
title_full_unstemmed Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
title_short Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
title_sort mechanisms to mitigate the risk of abuse associated with false whistleblower reports
url https://ejournals.eu/czasopismo/szppips/artykul/mechanisms-to-mitigate-the-risk-of-abuse-associated-with-false-whistleblower-reports
work_keys_str_mv AT łukaszłaguna mechanismstomitigatetheriskofabuseassociatedwithfalsewhistleblowerreports