Since 25 September the Act on the Protection of Whistleblowers has been in force. Since then the persons who report law infringements in a work-related context and in good faith, will be protected. The protection does not extend to informants acting in bad faith.

Good faith vs. bad faith
“Good faith” is however wrongly interpreted in the public space. According to the Act on the Protection of Whistleblowers, the necessary requirement to protect a whistleblower is justified supposition that his/her report was true at the time of making it. It is irrelevant why the person made the report (whether in order to protect the public interest, present oneself in good light, or get someone into trouble). It is also irrelevant whether it will eventually turn out if the infringement of law has actually occurred or not. What matters is the whistleblower’s justified belief, assessed at the time the report was made.

How to recognise a false report?
It is very difficult to prove that the informant knew the report was false already at the time of making it. Whistleblowers report events which have taken place often wrongly judging them to be infringements of law. However, within the meaning of the law, such reports are not made in bad faith.
All circumstances must indicate a deliberate false report. The informant’s education, knowledge, and experience, his/her relations with the suspected person, and evidence revealed during the investigation all have to be assessed.

False report - consequences
A person who makes a false report is not awarded whistleblower status and is not protected. A deliberate false report may be the grounds for disciplinary consequences – including termination of employment. A person who was harmed by the false “whistleblower” (e.g. a person who was reported as one committing an infringement) may demand compensation from him/her.
Making a deliberate, false report is a crime punishable by fine, restriction of liberty or imprisonment for up to 2 years.
 

Find more in the PRO HR September 2024