Supporting People who Speak Out

Malta – Standards – Coverage – Whistleblowing

Malta – Standards – Coverage – Whistleblowing

9. (1) A disclosure is a protected disclosure if –

(a) it is made in good faith; and

(b) the whistleblower reasonably believes, at the time of making the disclosure based on the information he has at that moment, that:

(i) the information disclosed, and any allegation contained in it, are substantially true;

(ii) the information disclosed tends to show an improper practice being committed by his employer, another employee of his employer or by persons acting in the employer’s name and interests; and

(c) the disclosure is not made for purposes of personal gain.

(2) The protections conferred by this article do not apply to an employee who knowingly discloses information which he knows or ought to reasonably know is false and any person or organisation, other than the employer or officers or shareholders of the same when an organisation, which is prejudiced by the disclosure of such false information given in a disclosure made under this Act shall not by virtue of this Act be hindered in the exercise of any legal action or in the enforcement of any legal remedy available to that person or organisation under any other law in respect of the said prejudice:

10. Saving the provisions of article 6A (c) of the Professional Secrecy Act, nothing in this Act authorises a person to disclose information protected by legal professional privilege and a disclosure of such information is not a protected disclosure for the purposes of this Act.

11. (1) Disclosures made anonymously shall not be considered as protected disclosures in terms of this Act.

(2) A whistleblower reporting officer or whistleblowing reports unit may receive and process an anonymous disclosure and may take such a disclosure into account in determining whether an improper practice has occurred:

Provided that where the whistleblower reporting officer or the whistleblowing reports unit, after having taken into account all the relevant circumstances consider that the anonymous information received by them is likely to be defamatory or libellous they shall discard such information.

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2. “Whistleblowing” shall mean the disclosure of information regarding an infringement of legislation; violation of human rights; exercise of public authority in contravention of the purpose it was granted; or danger to life, public health, safety, and the environment; or with the aim to prevent large-scale damage;

Referenced Legislation: Protection of the Whistleblower Act (2013)

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