MYTH 3: whistleblowers are malingerers,
attention-seekers, radicals or ratbags. Actually, most whistleblowers are
serious and hard-working. Many are conservative, socially and politically.
The only attention they usually desire is on the problem they are concerned
about, not themselves. For their efforts, most of them come under sustained
attack and suffer enormously, often spending large amounts of money defending
themselves, experiencing serious health problems and break up of
relationships.
MYTH 4: the best way to protect whistleblowers is
through whistleblower legislation. Actually, it doesn't work. There are
whistleblower laws on the books in several Australian states, yet there is not a
single whistleblower known to have benefited from any of them.
South Australia's 1993 whistleblower act looks excellent on paper, but has
never helped any whistleblower. But, ironically, the threat of using the act was
invoked to shut down a whistleblower web site exposing abuses by WorkCover.
The United States has had whistleblower laws for much longer, with the same
experience. The Office of the Special Counsel (OSC) was set up in 1978 as a
formal channel for whistleblower disclosures. Congress has repeatedly amended
the laws because they have not been working, being undermined by OSC
administrators.
Tom Devine of the Government Accountability Project and author of the
authoritative The Whistleblower's Survival Guide, concludes that "flaws in the
system mean that an OSC whistleblowing disclosure is likely to be unproductive
or even counterproductive." In other words, the OSC on balance has been useless
or harmful.
Some critics have argued that whistleblower laws are passed by governments to
give the appearance of action without the substance. That's certainly what seems
to have happened.
MYTH 5: official channels are available to deal
with problems reported by whistleblowers. Official channels include
internal grievance procedures, appeal bodies, ombudsmen, courts, human rights
commissions, antidiscrimination bodies, anticorruption commissions and
parliaments.
Whistleblower researcher Dr William De Maria surveyed hundreds of
whistleblowers. He found that official channels helped in less than one out of
ten cases. In many instances, official channels were actually harmful.
Whistleblowers Australia has contacted dozens of whistleblowers who have made
complaints to the NSW Independent Commission Against Corruption, and has found
only one who was helped at all.
Dr Jean Lennane, president of Whistleblowers Australia, has concluded it
would be better to abolish ICAC. She is not the only one to reach this
surprising conclusion.
Dr Lennane also thinks that any anticorruption body should have a finite life
of about three years, since it can't be expected to be any use after that even
if it was before.
Many workers in appeal bodies do their best. The problems arise due to
serious overload, cumbersome bureaucratic procedures, limited mandate,
government cut-backs (especially of agencies that seriously challenge
corruption), and accommodation with the system.
If governments were serious about fostering public interest disclosures, they
would get rid of laws gagging public servants, reform defamation law to reduce
its role in chilling free speech, and provide arms-length funding to
whistleblower support groups.
Many of those with lots of experience talking to whistleblowers have
concluded that there are only two things that reliably help. The first is
talking to other whistleblowers. The other is publicity, especially media
coverage.
It should not be a surprise, then, that most whistleblower legislation seeks
to discourage people from going to the media.
Whistleblowers speak out in a way that challenges vested interests.
Whistleblowing is threatening to both the vested interests and to many of those
who are complicit or afraid of the consequences of speaking out.
Hence it isn't surprising that myths about whistleblowing abound. It is just
too threatening to recognise what is going on.
Dr Brian Martin is associate professor in Science, Technology &
Society at the University of Wollongong, International Director of
Whistleblowers Australia and author of The Whistleblower's Handbook (Sydney:
Envirobook).
Go to:
Brian Martin's publications on suppression of
dissent
Brian Martin's web site