NCP pledges Whistleblower Protection Act. But what is whistleblowing and what does our law already say about it?

The National Citizen Party (NCP) has pledged to introduce a Whistleblower Protection Act, aiming to legally safeguard individuals who expose corruption within government offices.

However, Bangladesh already has a law in place that offers similar protections, the Disclosure of Public Interest Information (Protection) Act, 2011, though it has been mostly limited to paper and hardly ever implemented.

NCP's commitment was outlined in the party's 24-point manifesto, announced on Sunday (3 August), which also included a pledge to reform existing legal frameworks to support the initiative.

"To encourage the disclosure of any official corruption within the government, we will enact a Whistleblower Protection Act that provides special legal protection to individuals who come forward. To achieve this, all existing legal frameworks will be appropriately reformed," the manifesto states.

What is whistleblowing?

Whistleblowing is the act of reporting hidden or undisclosed wrongdoing, such as fraud, corruption, abuse, or threats to public safety, typically by someone with inside knowledge of an organisation, such as a government body or private company.

While whistleblowers are typically insiders, this is not always the case. The defining factor is the exposure of misconduct that would otherwise remain concealed.

Globally, whistleblowers have played crucial roles in uncovering major scandals, from Watergate and the Vietnam War to the Enron collapse and tobacco industry malpractices.

Though the term "whistleblower" gained popularity in the 1970s, historical examples of such disclosures go back centuries. In fact, the world's first known whistleblower protection law was passed in 1777 in the United States.

What does Bangladeshi law say?

Bangladesh enacted the Disclosure of Public Interest Information (Protection) Act, 2011, popularly referred to as the Whistleblower Protection Act, to provide legal protection to those who disclose information in the public interest.

Experts note that in Bangladesh, the law has remained largely ineffective due to the absence of an enabling socio-political atmosphere and a lack of genuine political commitment.

They point out that frequent curbs on freedom of speech, expression, and the press by state institutions have created an environment of fear, deterring potential whistleblowers from coming forward. 

"The existing Whistleblower Protection Act is limited to paper only," said Moidul Islam, former Anti-Corruption Commission director general (legal) and ex-senior district judge. 

"According to the law, officials of any government or semi-government agency can provide information regarding corruption to the ACC, Income Tax, or relevant institutions, either by disclosing their name and identity or by keeping it secret. In such cases, they cannot be transferred," he added.

The law enables any individual, not just government employees, to report issues relating to public interest, with the aim of curbing corruption and irregularities.

Key protections under the Act include: identity protection, legal immunity, safeguards for government employees, and non-admissibility of disclosures.

Under the Act, the identity of the discloser cannot be revealed without consent. Courts must take measures to prevent disclosure of identity during proceedings.

Disclosers are protected from civil, criminal, or departmental action solely for making a disclosure.

Protections extend to shielding them from demotion, transfers, forced retirement, and other retaliatory measures.

Information shared under the Act cannot be used as evidence in other legal proceedings, and the discloser cannot be compelled to testify.

The Act also sets out certain boundaries. Protections may be overridden if a court finds that the discloser intentionally submitted false or baseless information, or if the court determines that justice cannot be served without revealing the discloser's identity.

In either of these situations, the court may permit the disclosure of the discloser's identity and may also take action against them for providing false and groundless information, as per section 10 of the Act.

Limitations of the existing law

Dr Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), said the current law only ensures protection for government employees, and its practical application remains limited. People are largely unaware of how effectively this law actually works, he said. 

He added, "As far as I understand, the Whistleblower Protection proposal put forward by the National Citizen Party is much broader and more inclusive. They have proposed it for all peoples, which is a rightful entitlement for every citizen of Bangladesh."

Associate Professor of Law at the University of Dhaka, Quazi Mahfujul Haque Supan, said, "We don't have a law called the 'Whistleblower Protection Act'. What we do have is a Witness Protection Act, but it's not very effective. Many witnesses have been killed, and even victims in rape cases have been raped again. Most of our laws are not properly enforced, and laws like these are even less effective because the perpetrators are often very powerful."

He added, "The laws are such that those responsible for protecting witnesses are often like 'paper tigers'. If a witness is not protected, there's no clear mechanism in the law to hold those responsible for the protection accountable. So, a new law would be a good step."

He also said, "We have the Official Secrets Act of 1923, which prohibits disclosure of important or security-related state documents without permission and prescribes punishment for doing so. At the same time, our Evidence Act includes concepts like 'privileged communication'. As a result, these laws often conflict with one another."

Supan further stated, "If someone from a ministry or institution involved in corruption exposes that wrongdoing, not only should they be protected — they should be rewarded. But what we often see is that they face punishment instead. That's why it's essential to reform existing laws or enact new ones."

Moidul Islam, referring to transfers of whistleblowing officials, said, "In Bangladesh, transfers are not made for this reason; they are made in 'public interest'. The protection provided by the existing law is not sufficient."

"As a result, no one has provided information to the ACC after this law came into effect. Even if corruption is found in an audit, it is supposed to be reported to the ACC. But not a single such incident has occurred so far," he further said.

These gaps in implementation highlight the need for stronger, enforceable protections, he noted.

"Therefore, if a truly effective Whistleblower Protection Act is enacted, it will certainly be good," Moidul Islam added.