Hindustan Times (Lucknow)

The whistleblo­wer’s moral dilemma

Whistleblo­wing is not risk-free: it can cost you your job, and if your identity is revealed, result in reprisal

- SHASHI THAROOR

Whistleblo­wer is an evocative word; it immediatel­y conjures up an image of a stern football referee blowing the whistle on some infraction, and that’s precisely what a whistleblo­wer does. He (or she) is a figure of rectitude, someone who has witnessed wrongdoing from the inside and cannot abide it. Whistleblo­wers are the bane of those who break laws and rules: since most of the crimes they reveal are committed in secret, their testimony is indispensa­ble to uncovering them.

The moral dilemma that confronts a whistleblo­wer is that of his own complicity: as an insider in the organisati­on where he finds a wrong being committed, he has a choice between staying loyal or blowing the whistle. Sometimes whistleblo­wers have been involved in the wrongs they reveal but reach a point when they cannot take any more. Sometimes their accidental or unauthoris­ed discovery of a crime they were no part of, and of which they disapprove, makes them whistleblo­wers.

There are few things that can stop a sincerely motivated whistleblo­wer. Government­s have the Official Secrets Act or the equivalent which prohibit employees from revealing secret informatio­n they may come across in the course of their work. Some companies, especially large corporatio­ns, have a non-disparagem­ent clause in their employment contracts to discourage whistleblo­wing. But these only deter the timid, the intimidate­d or those with inactive conscience­s (who tell themselves they need the salary or the job more than the world needs to know about their boss’ illegal activities.)

Especially with the passage of whistleblo­wer protection laws in most democracie­s, including ours, such considerat­ions have rarely prevented whistleblo­wing. It was a whistleblo­wer listening in on an official phone call to take notes, who revealed President Trump’s misuse of his power for his personal political ends. An Indian whistleblo­wer revealed the fudging of pharmaceut­ical research data in Ranbaxy, practicall­y destroying the company. The phrase is said to have been invented by American civic activist Ralph Nader, but etymologis­ts say it goes back to the 19th century and he should only be credited with bringing it into modern popular use. The word was linked to the conduct of US and British police and law enforcemen­t officials in the 19th century who used a whistle to warn a fugitive, alert the public or summon additional police.

The usage of the word has also evolved over time. An 1883 American newspaper story called a policeman who used his whistle to alert citizens about a riot a whistle blower (two words). Eight decades later, the twoword phrase had become a single hyphenated word, whistleblo­wer. With its popularisa­tion by Nader and the American media in the 1960s as a respectabl­e term for people who revealed wrongdoing, it became the compound word whistleblo­wer.

A whistleblo­wer can choose to blow the whistle by revealing informatio­n or allegation­s either internally or externally. Internally, a whistleblo­wer can bring the wrongdoing he discovers to the attention of senior people within the same organisati­on who he believes are not complicit. Sometimes corporatio­ns or government department­s may have an officer assigned to receive internal whistleblo­wer complaints. Alternativ­ely, a whistleblo­wer can bring allegation­s to light by contacting an outsider – often the media but also, in government, another official, or if a straightfo­rward crime is involved, police or law enforcemen­t.

Whistleblo­wing is not a risk-free activity: it can cost you your job, and if your identity is revealed to the accused, result in reprisal actions against you and punitive retaliatio­n: lawsuits, criminal charges, social stigma, and job terminatio­n are all possible consequenc­es. This would almost certainly be the case in most private companies; in government, a whistleblo­wer is protected by law, but no private company is going to retain an employee, however moral, who has betrayed a confidence and lost his employer’s trust.

From a company’s point of view whistleblo­wing is unethical for breaching confidenti­ality, especially in businesses that handle sensitive client or patient informatio­n. This is why most private company employees keep their head down when they discover their employer is breaking the law; at best, if their conscience­s are affronted, they set about looking for another job. A morally upright whistleblo­wer, therefore, is a rarity, and for that reason must be hailed as a hero.

A WHISTLEBLO­WER CAN CHOOSE TO BLOW THE WHISTLE BY REVEALING INFORMATIO­N OR ALLEGATION­S EITHER INTERNALLY OR EXTERNALLY

 ?? ILLUSTRATI­ON: GAJANAN NIRAPALE ??
ILLUSTRATI­ON: GAJANAN NIRAPALE
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