The History of Whistleblowing
Whistleblowing, the act of exposing illicit activities within an organization, has a long and storied history. It involves individuals who risk their careers, and sometimes their personal safety, to bring attention to wrongdoing. This article explores the evolution of whistleblowing, its notable cases, and the legal frameworks that have developed to protect whistleblowers.
Early Instances of Whistleblowing
Ancient Rome
The concept of whistleblowing dates back to Ancient Rome. The Lex Papia Poppaea, enacted in 9 AD, encouraged citizens to report corruption and fraud within the government. Whistleblowers, known as "delators," were often rewarded with a portion of the penalties imposed on the wrongdoers .
The Middle Ages
During the Middle Ages, the Catholic Church played a significant role in encouraging whistleblowing. The church's canon law required members to report any immoral behavior, especially among the clergy. The church provided mechanisms to protect the anonymity of informants to prevent retaliation .
Whistleblowing in Modern History
The United States
The False Claims Act (1863)
One of the earliest examples of modern whistleblowing legislation is the United States' False Claims Act, enacted during the Civil War in 1863. This act, also known as the "Lincoln Law," was designed to combat fraud by suppliers to the Union Army. It allowed private individuals to sue on behalf of the government and receive a portion of any recovered damages, thereby incentivizing whistleblowing .
Pentagon Papers (1971)
A landmark case in American history is that of Daniel Ellsberg, who leaked the Pentagon Papers in 1971. These documents revealed that the U.S. government had systematically lied about the Vietnam War's progress. Ellsberg's actions sparked a nationwide debate on government transparency and the public's right to know, leading to increased protections for whistleblowers .
Watergate Scandal (1972-1974)
Another pivotal moment was the Watergate scandal, where "Deep Throat," later revealed to be FBI Associate Director Mark Felt, provided crucial information to journalists Bob Woodward and Carl Bernstein. This information led to President Richard Nixon's resignation and underscored the vital role whistleblowers play in maintaining governmental integrity .
United Kingdom
The Public Interest Disclosure Act (1998)
In the UK, the Public Interest Disclosure Act (PIDA) of 1998 marked a significant development. The act provides legal protection for employees who expose wrongdoing within their organizations, including criminal offenses, environmental damage, and health and safety violations. PIDA aimed to create a culture of openness and accountability within workplaces .
Global Perspective
International Organizations
International bodies such as the United Nations and the European Union have also recognized the importance of whistleblowing. The UN Convention Against Corruption, adopted in 2003, encourages member states to establish protections for whistleblowers to combat corruption more effectively. Similarly, the EU's Whistleblower Protection Directive, adopted in 2019, sets minimum standards for whistleblower protections across member states .
Corporate Whistleblowing
In the corporate world, whistleblowing has become an essential mechanism for ensuring ethical conduct. The Sarbanes-Oxley Act of 2002 in the United States, enacted in response to financial scandals such as Enron and WorldCom, includes provisions to protect whistleblowers who report financial misconduct. This act has been instrumental in promoting transparency and accountability in corporate governance .
From uncovering governmental, military, and police corruption to publicizing safety issues at nuclear power plants, countless whistleblowers have risked their livelihoods, and sometimes their lives, to alert the public to dangerous secrets.
Read on to find out how famous whistleblowers have changed U.S. law and society with their brave and often controversial actions.
What is a whistleblower?
A whistleblower is an employee of an organization who reports abuse, fraud, corruption, and/or dangers to public health and safety. Whistleblowers often turn to public reporting after attempts to report internally fail.
While the term “whistleblower” did not come into common usage until the 1970s, insiders have been reporting abuse as long as humans have had organizations and governments.
The First American Whistleblowers
The first American whistleblowers emerged in concert with our nation’s founding: in 1777, when a group of ten naval officers alerted the Continental Congress to abuses by Commodore Esek Hopkins, including torture of British POWs during the Revolutionary War.
When the Continental Congress dismissed Commodore Hopkins, he retaliated with a libel suit; two of the whistleblowers, Midshipman Samuel Shaw and First Lieutenant Richard Marven, were jailed. Shaw and Marven appealed to the Continental Congress for help, who, as a result, enacted the world’s first whistleblower protection law on July 30, 1777.
From the earliest moments in U.S. history, attorneys have also played a key role in shaping whistleblower laws. Attorneys defending whistleblowers from retaliation have advanced case law throughout U.S. history, including several Supreme Court cases which extended whistleblower protections to private industries that affect public health, safety, and security.
While protections for whistleblowers have waxed and waned throughout U.S. history, their effect on society has been profound. The actions of the ten whistleblowers below – and hundreds more that we can’t fit on this list – have led to major cultural and political shifts, new safety regulations in dangerous industries, and increased awareness of the role of policing, intelligence, and surveillance in society.
Most Famous Whistleblowers in U.S. History
10. Mark Whitacre
In 1992 the corporate vice president of Archer Daniel Midland visited the FBI with some potentially damaging information about the company. Mark Whitacre – the subject of the 2009 film The Informant! – soon teamed up with the FBI for a three-year undercover operation to expose the company’s price fixing scheme. While Whitacre may have been given immunity from actions during his time at the company, he was certainly accountable for the $9 million he embezzled during his 3 years undercover. In the end, Whitacre was sentenced to 9 years in federal prison for those actions, while the longest sentence given to an ADM employee – for the crimes Whitacre brought attention to – was 30 months. Both citizens and government officials have sought a Presidential pardon for Whitacre for nearly two decades.
9. Vera English
While working as a lab technician at a nuclear facility operated by General Electric in 1984, Vera English was alarmed by the frequency of radioactive spillages. English contacted both her supervisor and the Nuclear Regulatory Commission about her concerns, but nothing was done and English was fired shortly after. After a long legal battle, her Supreme Court case, English v. General Electric Company, set a precedent that allowed whistleblowers to pursue cases under state law. English’s landmark victory also set precedent for the use of whistleblower protection laws in other nuclear energy cases, and demonstrated how existing whistleblower laws can be used to protect against corporate retaliation.
