Whistleblowing

The issues

Is whistleblowing either necessary or permitted?
What is the difference between plain gossip and whistleblowing?
Is it necessary to consider the whistleblower's motives?

The Jewish Perspective

Whistleblowing is a complex topic. Jewish tradition strongly opposes spreading stories and gossip. However, one is permitted to repeat the truth in order to prevent loss.

An employee must recognise that his prime responsibility is to his employer, whose interests he must protect. Accordingly it may be difficult for him to name his employer in the context of any wrongdoing..

Even identifying the employer to whom an employee owes a duty may be difficult. For example, is the employer of a civil servant the head of the Department or office in which he works, the Ministry for which he works or the government as a whole? To whom does he owe his first allegiance? An employee of a limited company faces similar problems: is his loyalty owed to his immediate superior, an office or site manager, the chief executive officer, the Board of Directors or the shareholders?

In addition to the responsibility of the employee to an employer, there is a sense of general responsibility of arvut, the mutual responsibility each and every Jew should have for one another. If a person can prevent a wrongdoing and does not act, he shares in its culpability. This sometimes applies even under secular law in a situation in which there is no explicit duty of disclosure. Under Jewish law a person who knows of an act of wrongdoing and does nothing about it may be regarded as an accessory to it.

Five general preconditions govern whistle-blowing.

(i) A person may not act precipitously and must satisfy himself that his information is accurate.

(ii) He must report the relevant facts objectively and without exaggeration.

(iii) He should be motivated by a desire to prevent loss or damage, not by spite.

(iv) There must be no other means by which the desired effect can be achieved.

(v) The disclosure should not cause greater harm than is necessary for the achievement of the whistle-blower's objective.