Tiga eller tala? - en analys av skyddet för whistleblowers i svensk rätt

In this thesis the current Swedish legislation concerning whistle-blowers is examined. The thesis has two main purposes: to clarify under which circumstances a whistle-blower can make a disclosure about wrongdoings and to examine and analyse the protection of whistle-blowers in the Swedish law. Whistleblowing refers to the action of individuals who make a public disclosure about illegal, immoral or illegitimate practices within their workplace. Whistleblowing does not confine itself as an action made by an employee. A disclosure can be made by anyone. Whistleblowing matters to enterprises and the society at large. This is because it reveals risks and malpractices so that they can be removed. Yet, whistle-blowers who make a disclosure have a lot to lose. They often face workplace reprisal such as harassment, exclusion, reassignment, and in worst case dismissal. The Swedish law ensures every citizen the freedom of speech and information. This means that the citizens are given the right to openly express their thoughts, opinions and feelings on any matter without being punished for it. According to Swedish law a whistle-blowers right to make a protected disclosure is dependent on whether the whistle-blower in question is working in the public or private sector. The constitutional freedom of speech is exclusively applicable towards a government authority or public organisations. This means that only a whistle-blower who works within the public sector can make a protected disclosure to authorities or the media under the protection of the constitutional freedom of speech and information. Although the constitutional rights are not applicable to whistleblowing within the private sector every employee has the right to criticise their employer. However, the right to criticise is limited by the duty of loyalty. An employer within the private sector has the right to take action if whistleblowing is made by disloyal actions. The right to criticise is protected to a certain extent by the protection of employment and the trade secret act. When whistleblowing is practised by a private individual the protection is very limited. They are only protected to a certain extent if they make an anonymous disclosure to representatives for the media. The analysis of the protection of whistle-blowers shows that the protection of whistle-blowers is strongest within the public sector. For private individuals and those employees who work in the private sector the legal position for whistle-blowers is uncertain. The Swedish legislation lacks a general protection for (all) whistle-blowers. Thus, there is a need to extend the legal protection.