Whistleblower's Act

Whistle

Welcome to this website.
The law protecting the whistleblower is principally aimed at having a better society.

This website is here to give you all the information and assistance you need.

Together we can make a more just and fair society.

Protection of the Whistleblower Act (Cap 527)
In September 2013, the Maltese government implemented the Protection of the Whistleblower Act, 2013: an act to make provision for procedures that provide protection to persons who report improper practices and wrongdoings at the workplace, in both the private sector and the public administration.

Anyone who wants to raise the alarm on an act of corruption or illegality can do so safely within the Whistleblower Act, a law that should also lead to a change in mentality. By the implementation of this legislation the citizens are given the right to report abuses, knowing they will be protected by law.

Internal Reporting
Reporting persons have so far been able to report wrongdoings to an internal officer who will refer the report for further follow-up while retaining the identity of the reporting person in strict confidentiality. The reporting person will remain anonymous and therefore protected from retaliation at the workplace.

For employees in the Public Sector an Internal Whistleblowing Officer has been appointed in every government ministry to receive reports within the concerned department.

Employers in the private sector with more than 50 workers is to establish its internal reporting channels.

External Reporting
If no such internal channel is in place, or the report is not investigated effectively, the reporting person may report externally to one of the competent authorities mentioned in the law. These include: the Commissioner of Revenue (CfR), Financial Intelligence Analysis Unit (FIAU), Malta Financial Services Authority (MFSA), Commissioner for Voluntary Organisation (CVO), Permanent Commission Against Corruption and the Ombudsman.

For Public Sector Employees External Whistleblowing Officer has been appointed within the Cabinet Office.

Transposition of Directive (EU) 2019/1937 on the protection of persons who report breaches of Union Law.
At European level the protection of whistleblowers was considered uneven and fragmented. As a consequence, whistleblowers were often discouraged from reporting their concerns for fear of retaliation.

For these reasons, on 23 April 2018, the European Commission presented a package of initiatives including a Proposal for Directive on the protection of persons reporting on breaches of Union law and a Communication, establishing a comprehensive legal framework for whistleblower protection for safeguarding the public interest at European level, setting up easily accessible reporting channels, underlining the obligation to maintain confidentiality and the prohibition of retaliation against whistleblowers and establishing targeted measures of protection.

The Directive – (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law – was adopted on 23 October 2019 and entered into force on 16 December 2019. The Directive is online on the following link: EUR-Lex – 32019L1937 – EN – EUR-Lex (europa.eu)

During 2020 and 2021 the Ministry for Justice and Reform of the Construction Sector undertook the exercise of transposing Directive (EU) 2019 on on the protection of persons who report breaches of Union Law. This has led to the amendment of the Protection of the Whistleblower Act (CAP 527 of the Laws of Malta).

Main changes between former Act and Directive
Much of the provisions of the Protection of the Whistleblower Act remain unchanged. However, there are a few substantial changes here highlighted:

  • Protection now extends to “facilitators” or persons who assist the whistleblower in approaching internal reporting channels to make a disclosure
  • The definition of “employee” now also includes shareholders and persons who are in a pre-contractual relationship with the employer
  • The wrongdoings that can be reported fall under specific categories: public procurement; financial services, products and markets, and prevention of money laundering and terrorist financing; product safety and compliance; transport safety; protection of the environment; radiation protection and nuclear safety; food and feed safety, animal health and welfare; public health; consumer protection; protection of privacy and personal data, and security of network and information systems.
  • The definition of retaliation includes a number of actions ranging from dismissals to unjust referrals.
  • “Work-related context” clarifies that both past activities and current activities can be mentioned in a disclosure
  • Record keeping will be an added obligation on all employers within both the private and public sectors. Reports shall be stored for no longer than it is necessary and proportionate in compliance with the requirements imposed by this Directive, or other requirements imposed by Union or national law, such as the GDPR.
  • Public Disclosures are an added layer of reporting added to the law. A public disclosure refers to a person disclosing information and making it available in the public domain, such as placing it on the internet. This means that the reporting person would be able to forego the initial two stages of reporting in order to make a public disclosure, if: there is a risk of retaliation from External Disclosure; or there is an imminent or manifest danger to the public interest.

Questions and Answers

What is the difference between blowing the whistle & complaining?

Whistle-blowing is when you raise a concern of danger or illegality that affects others (e.g. customers, members of the public, or their employer). The person blowing the whistle is usually not directly or personally affected by the danger or illegality. He or she is a messenger raising a concern so that others can address it. The whistleblower does not have to prove that what he is reporting is true.

When someone files a complaint, he or she is saying that they have personally been poorly treated. This could involve a breach of their individual employment rights or bullying and the complainant is seeking redress or justice. The person making the complaint therefore has a vested interest in the outcome of the complaint and, for this reason, is expected to be able to prove the case.

Directional

Isn't a whistle-blower a disloyal person?

No. Whistle-blowers can be amongst the most loyal and dedicated of employees.  Look at it this way – they provide an early warning that can alert their colleagues, employers or the public to some danger or illegality before it is too late. This can save lives, jobs, money and reputations.

3 views to think about:

  • If YOUR baby was going into hospital for an operation, would you want a nurse to tell someone if they thought the surgeon was incompetent and dangerous?
  • If YOU were that nurse, should you tell your managers that you thought this surgeon was not up to the job and might be harming patients?
  • If you were the manager at this hospital, would you want someone to tell you about this surgeon before more patients were harmed and the hospital's reputation was damaged?
Cross

How do I blow the whistle?

Each ministry of the Government of Malta has a Whistleblowing Officer, so if you are an employee within the public sector, you must raise your concerns with the Whistleblowing Officer within the government ministry under which your department falls.

If you are employed within the private sector and your employer has internal procedures set out for blowing the whistle, follow these procedures. Save for the exceptional circumstances set out in law, you will not be protected as a whistle-blower unless you first report your concerns internally and in accordance with the procedures your employer has for receiving and processing whistle-blowing reports.

If your employer has no internal procedures for receiving and processing information, you may report your concerns to an external whistleblowing officer who varies according to the sector you work in.

For guidance on how to raise a concern affectively, both within the public and the private sector, you may send an email to whistleblower.helpmail@gov.mt.

Points to keep in mind before proceeding:

  • Stay Calm
  • Remember that you are a witness, and not a complainant
  • Let the facts speak for themselves - don't make ill-considered allegations
  • Do not become a private detective and try to investigate the matter you are reporting on.
QUESTION

Will my Identity be protected if I blow the whistle?

The law imposes a strict duty of confidentiality on persons receiving reports of wrong-doing. This means that they cannot – save in exceptional cases set out in law – disclose the identity or any information which may lead to the identification of a whistle-blower to the employer or anyone else without the express consent in writing of the whistle-blower.

Card

What is the difference between anonymity and confidentiality?

A worker raises a concern confidentially if he or she gives his or her name only on condition that it is not revealed without their consent. A worker raises a concern anonymously if he or she does not give his or her name.

Lock

Should I blow the whistle anonymously?

No. Anonymous reports are not protected under the law, although they may still be investigated.

Other disadvantages for remaining Anonymous:

  • Being anonymous does not stop others from successfully guessing who raised the concern;
  • It is harder to investigate the concern if people cannot ask follow-up questions;
  • It can undermine the concern being raised as it can lead people to suspect that the whistle-blower is raising the concern maliciously.
WHO

Don't all whistle-blowers get fired?

Not at all. Whistle-blowers are specifically protected from being fired or from suffering any negative consequences in their place of work for having blown the whistle. Furthermore, a whistle-blower cannot be victimised, intimidated or harassed for having reported a genuine concern.

FLAME

Am I still protected under the law if I am involved in the wrong-doing I am reporting?

Here we are speaking about blowing the whistle on wrong doings that you might be involved in as well.  As a rule, if you blow the whistle on any wrong-doing you are involved in, the law offers varying degrees of mitigation of responsibility with regards to criminal, disciplinary or civil proceedings being taken against you. In some cases, the court or tribunal hearing the case shall take into account the fact that you reported the wrong-doing when passing judgement and the punishment or damages you may be liable to may be mitigated.

In others, the law allows for the Attorney General to issue a certificate of complete immunity from prosecution and the law even provides for the granting of a new identity altogether.  Of course, it all depends and varies on the gravity of the case.

It is very important that if you are involved in wrong-doing and you wish to blow the whistle on this wrong-doing, you seek legal advice.

What are the conditions which must be satisfied for a report to be protected under the law?

For a report to be protected you must:

  • Reasonably believe that the information you are reporting is substantially true and that it shows that a wrong-doing is being committed by your employer or by persons acting in your employer’s name and interests;
  • Not be making the disclosure for personal gain.
TAG

If you knowingly disclose false information you will not be protected and you will be committing a criminal offence. Persons who make malicious reports aimed at harming the employer or a fellow employee will not be protected.​

Guidelines for Private and Public Sector

Guidelines for officers receiving internal reports referred to as Whistleblower Reporting Officer (WRO)

The following guidelines apply to units or officers receiving internal reports in both the public and private sector. 

What is the role of the WRO?

The WRO is a designated impartial person or department competent for following-up on reports of improper practices or breaches of the law made by whistleblowers (reporting persons).  The WRO maintains communication with the whistleblower and, where necessary, asks for further information and provides feedback to the reporting person. 

The WRO cannot conduct the investigation as this could lead the WRO to divulge the identity of the whistleblower. Moreover, since the WRO is aware of the identity of the Whistleblower he/she may be prejudiced during the investigation.

Subject to the nature of the wrongdoing, the WRO is to seek advice, even legal advice if so required, and keep the Head of Department/Organisation informed without divulging the identity of the reporting person.​

What is protection?

The protection given to the whistleblower in the context of this legislation is confidentiality and anonymity of the reporting person, and any other persons aiding them (facilitators). 

It is crucial to note that protection is in the form of confidentiality and strict anonymity. Both the current Act and the directive prohibit the disclosure of the identity of the whistleblower, therefore no information that identifies the whistleblower shall ever be disclosed, “unless the whistleblower expressly consents in writing to the disclosure of that information.”

Who can achieve whistleblower status?

A whistleblower is a person working within the private or public sector who, through a “work-related context”, has acquired information regarding a breach of law and who, in the absence of special rules to protect them, is likely to face retaliation if they report it. This applies to current employees as well as those who have since left their position or who have not yet begun it. This should cover:

  • Employees of any kind, including public officials 
  • Self-employed
  • Shareholders and people belonging to the administrative, management or supervisory body, including non-executive members, volunteers and paid/unpaid trainees
  • Any persons working under the supervision and direction of contractors, subcontractors and suppliers.​

Who is a facilitator?

A facilitator is a person who aids the whistleblower in their reporting of a breach or who is connected to the whistleblower and therefore likely to suffer retaliation in a work- related context. This includes third parties connected to the reporting and legal entities connected to the whistleblower in a work-related context.​

How can internal reports be made?

Internal reports can be made:

  • Through a physical meeting
  • In writing (including complaint boxes) orally through
  • Telephone lines or other vioce messaging systems
  • Online Platform (Internet or Intranet)


An acknowledgement of receipt shall be given within 7 days and the whistleblower shall be given feedback on the follow up of the report within 3 months from receipt.

It is important to note that internal reports received by email can only be made through the generic email restricted solely to whistleblower cases.  These email accounts shall only be accessed by the WRO and must be monitored regularly. Other generic email accounts (such as customer care domains) shall not be used for whistleblower reporting since this breaches confidentiality​.

Contact Us

​​WHISTLEBLOWER CONTACT POINTS WITHIN MINISTRIES FOR GOVERNMENT EMPLOYEES

CONTACT POINTS WITHIN THE PRIVATE SECTOR:

Commissioner of Inland Revenue

Description: Income tax, corporation tax, capital gains tax, stamp duties, national insurance ​contributions. 
 

Financial Intelligence Analysis Unit 

​Description: Money laundering in terms of the Prevention of Money Laundering Act. 
 

Malta Financial Services Authority 

Description: The business of credit and financial institutions, the business of insurance and the activities of insurance intermediaries, the provision of investment services and collective investment schemes, pensions and retirement funds, regulated markets, central securities depositories, the carrying out of trustee business either in a professional or a personal capacity and such other areas of activity or services as may be placed from time to time under the supervisory and regulatory competence of the Malta Financial Services Authority. 
 

Commissioner for Voluntary Organisations 

Description: Activities of a voluntary organisation. 
 

Permanent Commission Against Corruption 

Description: Corrupt practices. 
 

Ombudsman 

Description: (i) Conduct involving substantial risk to public health or safety or the environment that would if proved, constitute a criminal offence; and (ii) All matters which constitute improper practices and which are not designated to be reported to any other authority.