In July 2013, Chelsea Manning stood up in front of the judge, with millions of people standing right beside her. Her military uniform was left somewhere in Iraq, with her dignity and pride buried right next to it. The judge lifted the gavel, and while it was still in the air, America’s hopes for freedom and justice cried for help one last time.
Three years earlier, Manning leaked a “Collateral Murder" video of a U.S. helicopter attack in Baghdad in 2007, during which civilians, including journalists, were killed. In addition, she leaked Iraq and Afghanistan War Logs consisting of thousands of reports detailing incidents, casualties, and activities during the Iraq and Afghanistan wars that shed light on previously unknown aspects of the conflicts.
35 years. Dishonorably discharged from the military. Possibly facing a life sentence without parole for "aiding the enemy”.
A spy. A thief. A fraud.
She became all that with a single drop of the gavel.
If we ever dare to open that Pandora’s box, we may find many more Mannings, or Snowdens, or Silkwoods... Some of their lives were abruptly taken, some were ruined or set back for years. What did they all have in common?
They were all what we call whistleblowers.
Three years earlier, Manning leaked a “Collateral Murder" video of a U.S. helicopter attack in Baghdad in 2007, during which civilians, including journalists, were killed. In addition, she leaked Iraq and Afghanistan War Logs consisting of thousands of reports detailing incidents, casualties, and activities during the Iraq and Afghanistan wars that shed light on previously unknown aspects of the conflicts.
35 years. Dishonorably discharged from the military. Possibly facing a life sentence without parole for "aiding the enemy”.
A spy. A thief. A fraud.
She became all that with a single drop of the gavel.
If we ever dare to open that Pandora’s box, we may find many more Mannings, or Snowdens, or Silkwoods... Some of their lives were abruptly taken, some were ruined or set back for years. What did they all have in common?
They were all what we call whistleblowers.
WHAT WHISTLEBLOWING REALLY IS
In the U.S. legal system, whistleblowing is “an act of an individual disclosing information about wrongdoing or misconduct within an organization, typically their employer, to the appropriate authorities or the public”. Whistleblowers, also known as "relators" or "informants," play a crucial role in exposing fraud, corruption, safety violations, unethical practices, or other illegal activities that may harm the public interest.
Whistleblowing in the United States is protected by various laws at both the federal and state levels, such as the Whistleblower Protection Act (WPA), the Sarbanes-Oxley Act (SOX), and the Dodd-Frank Wall Street Reform and Consumer Protection Act. Also, whistleblowers in the US may be eligible for financial rewards or compensation under certain circumstances. For example, the False Claims Act (FCA) allows individuals who report fraud against the government to receive a percentage of the recovered funds if the case is successful.
Whistleblowers are getting more vocal and present in media every day, by drawing attention to malpractice and putting employers or even whole organizations on the spotlight by discovering the truth. Given that, over the years there has been a rapid increase in the number of whistleblowers in the U.S. who are not afraid to speak up. Moreover, that resulted in development of several different types such as government, corporate, financial, healthcare, environmental and academic whistleblowers.
Whistleblowing in the United States is protected by various laws at both the federal and state levels, such as the Whistleblower Protection Act (WPA), the Sarbanes-Oxley Act (SOX), and the Dodd-Frank Wall Street Reform and Consumer Protection Act. Also, whistleblowers in the US may be eligible for financial rewards or compensation under certain circumstances. For example, the False Claims Act (FCA) allows individuals who report fraud against the government to receive a percentage of the recovered funds if the case is successful.
Whistleblowers are getting more vocal and present in media every day, by drawing attention to malpractice and putting employers or even whole organizations on the spotlight by discovering the truth. Given that, over the years there has been a rapid increase in the number of whistleblowers in the U.S. who are not afraid to speak up. Moreover, that resulted in development of several different types such as government, corporate, financial, healthcare, environmental and academic whistleblowers.
NGOs IN THE ROLE OF PROTECTORS
Besides legal support and high protection of privacy by journalists, non-governmental (NGOs) organizations are of great significance in shielding whistleblowers during the whole process of unveiling well kept secrets.
Principal protectors of whistleblowers should be government agencies and legal frameworks, however, the focal point of some NGOs is assistance to whistleblowers, focusing on promoting their rights and ensuring their safety is not endangered. Non-governmental organizations are engaging in various ways in order to protect them by helping in advocacy, as well as enhancing protection laws and legal frameworks. Apart from offering legal and financial support, they strive to raise awareness and educate people about importance of whistleblowing. Furthermore, they sometimes even provide emotional support and guidance through hotlines or support services, and work on connecting those who have lived through similar stories. Communication between government agencies and non-governmental organizations is also really important, since through that collaboration they can improve effectiveness of implementing protection measures.
The Signals Network is an international non-profit organization which supports whistleblowers by empowering, protecting, assisting in media investigations of wrongdoing and advocating on behalf of them and their interests. Their mission is summed up by the slogan “Holding Power to Account. One Whistleblower at a Time”. The Signals Network works with both whistleblowers and journalists providing adequate support for each one of them.
Principal protectors of whistleblowers should be government agencies and legal frameworks, however, the focal point of some NGOs is assistance to whistleblowers, focusing on promoting their rights and ensuring their safety is not endangered. Non-governmental organizations are engaging in various ways in order to protect them by helping in advocacy, as well as enhancing protection laws and legal frameworks. Apart from offering legal and financial support, they strive to raise awareness and educate people about importance of whistleblowing. Furthermore, they sometimes even provide emotional support and guidance through hotlines or support services, and work on connecting those who have lived through similar stories. Communication between government agencies and non-governmental organizations is also really important, since through that collaboration they can improve effectiveness of implementing protection measures.
The Signals Network is an international non-profit organization which supports whistleblowers by empowering, protecting, assisting in media investigations of wrongdoing and advocating on behalf of them and their interests. Their mission is summed up by the slogan “Holding Power to Account. One Whistleblower at a Time”. The Signals Network works with both whistleblowers and journalists providing adequate support for each one of them.
Once you become a whistleblower,
it never ends
Executive director Delphine Halgand-Mishra stated that complexity of approach depends on where the journalists and whistleblowers are.
“Firstly we started to work in the U.S. and Europe since the judicial system there is strong, and it is simpler to reach justice. Right now, we are looking to expand to some more challenging areas, such as Southeast Asia”.
Halgand-Mishra explains the differences between two types of whistleblowers and categorize them by anonymity.
“We have category one and category two of whistleblowers..”
“Firstly we started to work in the U.S. and Europe since the judicial system there is strong, and it is simpler to reach justice. Right now, we are looking to expand to some more challenging areas, such as Southeast Asia”.
Halgand-Mishra explains the differences between two types of whistleblowers and categorize them by anonymity.
“We have category one and category two of whistleblowers..”
A SHIELD IN A FORM OF INVESTIGATIVE JOURNALISM
Morgan Loew is a full-time investigative reporter at CBS 5 and 3TV in Phoenix, Arizona.
His areas of emphasis are crime, immigration, government and data journalism. He also works as a consultant for CBS News 48 Hours.. He is the president of the Arizona First Amendment Coalition, a member of Investigative Reporters and Editors, and a member of the Silver Circle of the National Academy of Television Arts and Sciences.
As Mr. Loew mentions both in his classes and in the interview, reporters need to know what the law is and consult with their bosses and lawers so they are positive that they are not going to end up in a situation where a judge says: „Give us the name of this person.“
He also states that there are two kinds of anonymous sources. The anonymous sources where the reporter knows the source but is choosing to keep their identity hidden, and the second type where the sources' identity remains a secret even for the journalist. The most important thing is not who the person is, but if what they are saying is accurate and if the source can be protected.
He also states that there are two kinds of anonymous sources. The anonymous sources where the reporter knows the source but is choosing to keep their identity hidden, and the second type where the sources' identity remains a secret even for the journalist. The most important thing is not who the person is, but if what they are saying is accurate and if the source can be protected.
'It's easy for a journalist to say that they will go to jail to protect a source, but there are situations where aside from the jail sentence there could be a fine.
„...which is why I am always upfront with my sources.“ says Mr. Loew.
„...which is why I am always upfront with my sources.“ says Mr. Loew.
When asked if, given the legal system in the USA, he himself would be comfortable with blowing the whistle, Mr. Loew states the following...
"I don’t think I would be comfortable with being a whistleblower knowing what I know about the protection that whistleblowers have in this country, or lack thereof..."
"I don’t think I would be comfortable with being a whistleblower knowing what I know about the protection that whistleblowers have in this country, or lack thereof..."
"I've been told the next victim in this case is your fault because you're not giving us the information".
THE LAST RESORT - JUSTICE SYSTEM
Gregg Leslie serves on the governing committee of the Communications Law Forum of the American Bar Association, and was a member of the ABA's Fair Trial and Free Press Task Force in 2011. He also served as chairman of the D.C. Bar’s Media Law Committee and Arts, Entertainment, Media & Sports Law Section, and taught media law in Georgetown University’s Master of Professional Studies in Journalism program.
He was previously a staff attorney with the Reporters Committee for Freedom of the Press, a Washington, D.C. nonprofit association that provides legal assistance to journalists, and served as the organization’s legal defense director for 17 years.
“The important thing about having an interest in the first Amendment is that you’re willing to fight for anyone First Amendment rights even if they are diametrically opposed to what you believe in.”
The First Amendment is the foundation of the freedom of expression and is crucial one of the most crucial and well-known amendments in the Bill of Rights, ratified on December 15, 1791.
It is crucial to remember that, despite being a strong guarantee of free expression and assembly, the First Amendment is not limitless. Obscenity, encouragement to violence, libel, and false representations of fact are a few restrictions that are not covered by the First Amendment and may result in legal consequences. The limits of free speech and expression in the US have been continuously shaped by the courts' interpretation and balancing of these rights over time.
It is crucial to remember that, despite being a strong guarantee of free expression and assembly, the First Amendment is not limitless. Obscenity, encouragement to violence, libel, and false representations of fact are a few restrictions that are not covered by the First Amendment and may result in legal consequences. The limits of free speech and expression in the US have been continuously shaped by the courts' interpretation and balancing of these rights over time.
First Amendment states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Regarding the consequences for coming forward and reporting wrongdoing, there are a few possible outcomes: retaliation, professional consequences, legal challenges, emotional and psychological impact and emotionally challenging experience and financial difficulties.
Without any doubt whistleblowers are, till this day, very much at risk while constantly fighting for justice, and unfortunately for their safety as well. As long as the life of those who decided to speak up is at stake and the public remains silent, whistleblowers will also remain silent in the shadow. That way, ongoing cycle continues to spiral and threatens to impact the whole society in terms of transparency - or lack thereof.
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Saska Jankovic, Nina Jovic, Tea Milosavljevic