The European whistleblowing directive: a legislative barrier between journalists and their sources?

Whistleblowers, and their cooperation with journalists, constitute a key element in preventing wrongdoings and protecting public interests. This contribution examines how they are protected in the recent Directive (EU) 2019/1937 on the Protection of Persons Reporting on Breaches of Union Law. It hig...

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Bibliographic Details
Published in:Media, culture & society culture & society, 2020-10, Vol.42 (7-8), p.1528-1544
Main Authors: Šepec, Miha, Stajnko, Jan, Avsec, Klara, Dugar, Tamara, Šuta, Živa, Žilič Fišer, Suzana
Format: Article
Language:English
Subjects:
Breaches
Common law
Cooperation
International law
Journalists
Law
Legislative process
Legislatures
Motivation
Protection
Retaliation
Suffering
Violations
Whistleblowing
Wording
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Summary:Whistleblowers, and their cooperation with journalists, constitute a key element in preventing wrongdoings and protecting public interests. This contribution examines how they are protected in the recent Directive (EU) 2019/1937 on the Protection of Persons Reporting on Breaches of Union Law. It highlights that the final wording of the Directive still raises a number of potential concerns. The legislative process behind the Directive is outlined, illustrating the lack of consensus between the European Parliament and the Council during its drafting procedure. It is furthermore explained how the Directive aims to protect individuals from suffering retaliation in cases where they report violations of EU law. Finally, common criticisms regarding certain solutions such as the sectoral and tiered approach are addressed. These issues will have an effect on the whistleblowers’ motivation in raising the alarm, thereby diminishing their role as a journalist source.
ISSN:0163-4437
1460-3675
DOI:10.1177/0163443720923525