The protection of sources and whistle-blowers 2015, para. 43
Paragraph- Paragraph text
- States have long sought to keep secret information that, if disclosed, could undermine efforts to protect the public from grave harms such as terrorism or armed conflict. The protection of confidential information is a necessary by-product of some government activity, and article 19 (3) recognizes the legitimacy of limitations to protect specific interests such as national security. Institutions that operate in national security, such as institutions of defence, diplomacy, internal security and law enforcement, and intelligence, may have a greater claim not to disclose information than other public bodies, but they have no greater claim to hide instances of wrongdoing or other information where the value of disclosure outweighs the harm to the institution. Yet whistle-blower protections are often weak, or simply unavailable, in the area of national security and intelligence. Those who disclose wrongdoing in national security institutions are often subject to retaliation, such as job loss or transfer, denial or revocation of security clearance, and investigation, prosecution and harsh sentencing, and they lack redress because of legal doctrines that support an infrastructure of secrecy. Whistle-blowing’s main function thus loses all force, and while the lack of protection ultimately denies members of the public access to critical information about their Government, national security institutions also lose a tool of accountability.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Freedom of Opinion, Report to the UNGA (2015), A/70/361, para. 43.
- Paragraph number
- 43
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Date added
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