How effective is the 'Protection of the Whistleblower Act : Chapter 527 of the Laws of Malta' in suppressing white collar crime?

Abstract

This study focuses on the effectiveness of the ‘Protection of the Whistleblower Act (2013) - Chapter 527 of the Laws of Malta’ in suppressing white collar crime. To fulfil this aim, the term paper first analyses the legal situation in Malta prior to the introduction of the 2013 Act, discussing the numerous mandatory and voluntary reporting requirements, and the interaction between the duty of confidentiality in most employment relationships and whistleblowing. The study then goes on to evaluate briefly the 2010 Draft Bill on whistleblowing and its deficiencies. Focus is then shifted onto the situation after the introduction of the 2013 Act, being the first law dedicated specifically to the protection of employees who come across wrongdoing at their workplace and are able to report this to the authorities who have the power to stop the wrongdoing. The study presents a detailed analysis and criticism of the law highlighting various pitfalls, and discusses the local situation of whistleblowing in practice including analysis of various cases and the different outcomes thereto. The paper proceeds to carry out a brief comparative overview between whistleblowing in Malta and the position in the USA and UK, while also examining the international aspect. In light of all this, the conclusions suggest that although the 2013 Act was a positive development aimed at reducing white collar crime, in practice due to its strict conditions, this law does not provide the most suitable protection to informants. Lastly, the author then lists some recommendations which could be implemented to give better effect to the law and avoid unnecessary complicated procedures.