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WHISTLE-BLOWING
MECHANISM AND POLICY
PRESENTATION BY-
NAKUL GUPTA
BBE/19/5
Definition
• Whistle-blowing is the act of telling the authorities or the public that the
organization you are working for is doing something immoral or illegal.
Purpose of a Whistle-blower
• To draw attention to unethical, inappropriate or incompetent conduct which has or may
have detrimental effects either for the institution or for those affected by its functions.
• It extends to situations where an individual believes that an activity is harmful while others
involved are not aware of it or reject the perception that is involved.
• The whistleblowers are prepared to take full responsibility for their actions.
• Implies a concern for the preservation of ethical values which overrides a concern for
selfpreservation.
• Whistleblowers open themselves to the risk of losing personal and financial security,
counteraccusation and alienation and yet they feel compelled to make the disclosure and to
stand by it
Types of Whistle-blowing
Internal WhistleBlowing
• When an individual advocates
beliefs or revelations within the
organization.
External WhistleBlowing
• When and individual advocates
beliefs or revelations outside the
organization.
Whistleblowing - Mechanism and Policy
Idealogies of a
Whistle-Blower
• Altruistically Motivated
• Utilitarian
• Uninterested in Altering Their
Behavior
• Allows Own Attitudes and
Beliefs to Guide Them
• Often are Well Educated and
Holds Professional Positions
Guidelines for Whistle-Blowing
Magnitude of consequences
 Probability of effect
 Temporal immediacy
Proximity
 Concentration of effort
WHISTLE BLOWERS PROTECTION
ACT 2011
• Act of the Parliament of India which provides
a mechanism to investigate alleged corruption
and misuse of power by public servants and
also protect anyone who exposes alleged
wrongdoing in government bodies, projects
and offices
• Defence of the Law protect whistle blowers to
provide best contributions to the society.
• Defence of the Law supports the right of an
employee on his freedom to speech
BENEFITS AND DANGER OF COMPANY
WHISTLE BLOWING POLICY
BENEFITS
o Benefit in learning mistakes and problems
in early stage itself.
o Shows companies commitment towards
good ethics and ethical corporate climate.
o DANGERS
o Legitimate complaints sends wrong signal
to other employees to whistle blow in case
of tension or strike.
o Employee may go outside of normal
communication channel which is
undesirable.
Whistleblowing - Mechanism and Policy
SOME FAMOUS CASES OF
WHISTLE-BLOWING
(CASE STUDIES)
Watergate
Scandel
Mark Felt
In the Watergate scandal that toppled
the presidency of Richard Nixon, this
FBI figure was the secret informant
known as Deep Throat who helped
Washington Post reporters Bob
Woodward and Carl Bernstein. Though
Deep Throat became a symbol of
shadowy Washington sources dishing
out information in clandestine
meetings, his identity was kept secret
until 2005.
EDWARD
SNOWDEN
In 2014, World stood still with a
shocking revelation from a
computer analyst Edward
Snowden. A computer analyst
whistleblower who exposed top-
secret NSA documents leading to
revelations about US surveillance
on phone and internet
communications.
JP MORGAN CHASE
Alayne Fleischmann was a
securities attorney that
worked for JP Morgan Chase.
In her tenure at the company,
Fleischmann witnessed
repeated and egregious acts
of securities fraud.
Kerr-McGee Nuclear
Power Plant
Karen Silkwood worked for the Kerr-
McGee Nuclear Power Plant and took
action by reporting the company to
the Atomic Energy Commission.
Nuclear power plants are dangerous
environments to work in under the
safest of conditions. Silkwood noted
numerous conditions that put herself
and coworkers at increased risk,
noting the major health and safety
violations the company knew about.
Is whistle blowing justified?
• Is the whistle-blower acting in the public interest?
• Is the whistle-blower acting in good faith?
• Has the whistle-blower exhausted internal channels?
• Does the whistle-blowing prejudice the ability of the whistle-blower to do their job?
• Undermine the ability of the office to perform its functions?
• Were the actions of the whistle-blower proportionate to the public interest at stake?
• Release only of necessary information
• Release of information in appropriate public forum?
Conclusion:-
o A whistle blowing incident is probably the most emotionally difficult thing you can
experience as a professional.
o Not every incident that should result in whistle blowing does, sometimes the whistle is
“swallowed” rather than blown.
o In some cases, there are federal and state laws meant to provide protection for the whistle
blowers.
o If you find yourself in a possible whistle-blowing incident, you should exhaust all internal
alternatives for addressing the problem and accumulate all documentation possible.
o If blowing the whistle becomes the only alternative, then you should anticipate a job
change and you should get good legal representation.
THANK YOU!!!!!!
PRESENTATION BY-
NAKUL GUPTA
BBE/19/5

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Whistleblowing - Mechanism and Policy

  • 2. Definition • Whistle-blowing is the act of telling the authorities or the public that the organization you are working for is doing something immoral or illegal.
  • 3. Purpose of a Whistle-blower • To draw attention to unethical, inappropriate or incompetent conduct which has or may have detrimental effects either for the institution or for those affected by its functions. • It extends to situations where an individual believes that an activity is harmful while others involved are not aware of it or reject the perception that is involved. • The whistleblowers are prepared to take full responsibility for their actions. • Implies a concern for the preservation of ethical values which overrides a concern for selfpreservation. • Whistleblowers open themselves to the risk of losing personal and financial security, counteraccusation and alienation and yet they feel compelled to make the disclosure and to stand by it
  • 4. Types of Whistle-blowing Internal WhistleBlowing • When an individual advocates beliefs or revelations within the organization. External WhistleBlowing • When and individual advocates beliefs or revelations outside the organization.
  • 6. Idealogies of a Whistle-Blower • Altruistically Motivated • Utilitarian • Uninterested in Altering Their Behavior • Allows Own Attitudes and Beliefs to Guide Them • Often are Well Educated and Holds Professional Positions
  • 7. Guidelines for Whistle-Blowing Magnitude of consequences  Probability of effect  Temporal immediacy Proximity  Concentration of effort
  • 8. WHISTLE BLOWERS PROTECTION ACT 2011 • Act of the Parliament of India which provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies, projects and offices • Defence of the Law protect whistle blowers to provide best contributions to the society. • Defence of the Law supports the right of an employee on his freedom to speech
  • 9. BENEFITS AND DANGER OF COMPANY WHISTLE BLOWING POLICY BENEFITS o Benefit in learning mistakes and problems in early stage itself. o Shows companies commitment towards good ethics and ethical corporate climate. o DANGERS o Legitimate complaints sends wrong signal to other employees to whistle blow in case of tension or strike. o Employee may go outside of normal communication channel which is undesirable.
  • 11. SOME FAMOUS CASES OF WHISTLE-BLOWING (CASE STUDIES)
  • 12. Watergate Scandel Mark Felt In the Watergate scandal that toppled the presidency of Richard Nixon, this FBI figure was the secret informant known as Deep Throat who helped Washington Post reporters Bob Woodward and Carl Bernstein. Though Deep Throat became a symbol of shadowy Washington sources dishing out information in clandestine meetings, his identity was kept secret until 2005.
  • 13. EDWARD SNOWDEN In 2014, World stood still with a shocking revelation from a computer analyst Edward Snowden. A computer analyst whistleblower who exposed top- secret NSA documents leading to revelations about US surveillance on phone and internet communications.
  • 14. JP MORGAN CHASE Alayne Fleischmann was a securities attorney that worked for JP Morgan Chase. In her tenure at the company, Fleischmann witnessed repeated and egregious acts of securities fraud.
  • 15. Kerr-McGee Nuclear Power Plant Karen Silkwood worked for the Kerr- McGee Nuclear Power Plant and took action by reporting the company to the Atomic Energy Commission. Nuclear power plants are dangerous environments to work in under the safest of conditions. Silkwood noted numerous conditions that put herself and coworkers at increased risk, noting the major health and safety violations the company knew about.
  • 16. Is whistle blowing justified? • Is the whistle-blower acting in the public interest? • Is the whistle-blower acting in good faith? • Has the whistle-blower exhausted internal channels? • Does the whistle-blowing prejudice the ability of the whistle-blower to do their job? • Undermine the ability of the office to perform its functions? • Were the actions of the whistle-blower proportionate to the public interest at stake? • Release only of necessary information • Release of information in appropriate public forum?
  • 17. Conclusion:- o A whistle blowing incident is probably the most emotionally difficult thing you can experience as a professional. o Not every incident that should result in whistle blowing does, sometimes the whistle is “swallowed” rather than blown. o In some cases, there are federal and state laws meant to provide protection for the whistle blowers. o If you find yourself in a possible whistle-blowing incident, you should exhaust all internal alternatives for addressing the problem and accumulate all documentation possible. o If blowing the whistle becomes the only alternative, then you should anticipate a job change and you should get good legal representation.