Malta's Parliament approved the country's long-awaited Whistleblower Act. Effective September 15, 2013, the act provides varying programs of protection for individuals blowing the whistle on corrupt practices. The passage of the whistleblower act was the culmination of more than six years of legislative effort.
Providing a new identity to the whistleblower
Malta's whistleblower act outlines many incentives to encourage individuals to reveal corruption and improper practices. The provisions are so bold that they include giving a whistleblower a completely new identity.
Which improper practices justify blowing the whistle?
Malta's new whistleblower act protects employees in both the private and public sector from detrimental action when they disclose details of improper practices by their employers, co-workers and employees, such as:
A person failed or is failing to fulfill any legal action.
The health or life of an individual is endangered.
The environment may be damaged.
A corrupt business practice occurred or is likely to occur in the near future.
A criminal offense has been carried out or is going to be carried out.
A miscarriage of justice occurred or is likely to occur.
Bribery occurred or is likely to occur.
Individuals with information on such improper practices need to make a full disclosure to avail themselves of the protections of Malta’s whistleblower law.
To be considered a protected disclosure under Malta law, the whistleblower must report in good faith and believe at the time of disclosure that the information in the report is true and shows an improper practice being committed by an employer, co-worker or associate of the employer. Also, the disclosure must not be made for the personal gain of the whistleblower.