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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| Format: | Article |
| Language: | English |
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Jagiellonian University
2025-03-01
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| 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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| _version_ | 1849304098301542400 |
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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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| format | Article |
| id | doaj-art-2f92ee7efe4e4227b8938a51555fc3e5 |
| institution | Kabale University |
| issn | 1734-4867 2544-4654 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Jagiellonian University |
| record_format | Article |
| series | Studia z Zakresu Prawa Pracy i Polityki Społecznej |
| 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
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| title_full |
Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
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| title_fullStr |
Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
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| title_full_unstemmed |
Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
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| title_short |
Mechanisms to Mitigate the Risk of Abuse Associated With False Whistleblower Reports
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| 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
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| work_keys_str_mv | AT łukaszłaguna mechanismstomitigatetheriskofabuseassociatedwithfalsewhistleblowerreports |