Whistleblowing

As a principle, the disclosure of inaccurate information about violations is prohibited under the Whistleblower Protection Act (section 32 (2) HinSchG). A whistleblower may, however, not be sanctioned if the facts, after being verified, are merely not confirmed or do not constitute a violation in the final analysis. If the information disclosed was incorrect, the following legal consequences will apply:

On the one hand, the whistleblower must compensate for any damage resulting from intentional or grossly negligent reporting or disclosure of incorrect information (section 38 HinSchG). The whistleblower's liability for damages is based on the fact that a false report or disclosure has far-reaching consequences for the person affected or accused. The effects may no longer be completely reversible. According to the Whistleblower Protection Act, claims for damages resulting from merely negligent incorrect reporting should not arise. Besides, only whistleblowers acting in good faith are protected from further repercussions.

On the other hand, the whistleblower acts improperly if he intentionally discloses incorrect information in violation of section 32 (2) of the Whistleblower Protection Act (section 40 (1) HinSchG). This administrative offence may be punished with a fine of up to 20,000 EUR (section 40 (5) HinSchG).

The Act protects the whistleblower even if they are mistaken on the import of the information disclosed, provided the disclosure was made in good faith and was based on a reasonable suspicion.

The protections afforded under the Act do not apply to an employee who knowingly discloses information they know or ought to reasonably know is false. The Act further allows any person or company (excluding the employer or officers or shareholders of the same, in the case of a company) prejudiced by the disclosure of such false information to pursue any legal action or remedy available under any other law in respect of such prejudice, provided that the identity of the whistleblower has been obtained or otherwise revealed under the provisions of the Act.

Providing false information is also an offence that can lead to imprisonment under article 101 of the Criminal Code (Chapter 9 of the laws of Malta).