Whistleblowing: interrogating the complexities of law, governance, and freedom of expression in developing nations
| Date | 05 September 2023 |
| Pages | 262-274 |
| DOI | https://doi.org/10.1108/JMLC-05-2023-0096 |
| Published date | 05 September 2023 |
| Author | Adeoye Johnson Adetunji |
Whistleblowing: interrogating the
complexities of law, governance,
and freedom of expression in
developing nations
Adeoye Johnson Adetunji
Independent Researcher, Milton Keynes, UK
Abstract
Purpose –The purpose of this paperisto investigate the influenceof the rule of law, corporate governance
and freedom of expression on the effectiveness of whistleblowing initiatives. This study interrogates the
effectiveness of whistleblowing as a tool in combating economic and financial crimes, in political and
corporate environments where good governance and the rule of law are firmly established and enforceable
and where defamationis decriminalised.
Design/methodology/approach –The author conducteda comprehensive review of relevant textbooks,
focusing on legal theories and concepts related to the research topic.This study analysed scholarly journal
articles to gain insights into the current debates and research gaps. The author discussed seminal court
decisions that have influencedthe legal landscape pertaining to the research topic andreviewed newspaper
publicationsto understand public opinion and societal implicationsrelated to the research topic.
Findings –To ensure effective whistleblowing as a tool of gathering information in combating economic
and financial crime, good governance must be promoted, supremacy of law must be upheld, freedom of
expressionmust be safeguarded and defamation must be criminalised.
Originality/value –This paper addresses a significant gap in the literature by examiningthe impact of
criminal libel on whistleblowing,an area that has received limited attention in previousstudies. The findings
of this study have significantimplications for policymakers, as they shed light on importanceof the rule of
law, good governance, freedomof speech and decriminalisation of defamation on effectiveimplementation of
an effectivewhistleblowing laws and policies.
Keywords Corporate governance, Good governance, Whistleblowing, Rule of law,
Freedom of expression, Criminal defamation
Paper type Research paper
1. Introduction
Whistleblowing has become a crucial mechanism for exposing economic and financial
crimes and promoting transparency in both political and corporate sectors. However, its
effectiveness is intricatelyintertwined with the presence of good governance, the rule of law
and the protection of freedom of expression. The primary objective of the paper is to
investigate the influence of the ruleof law, corporate governance and freedom of expression
on the effectiveness of whistleblowing initiatives. It interrogates the effectiveness of
whistleblowing as a tool in combating economic and financial crimes, in political and
corporate environments where good governance and the rule of law are firmly established
and enforceable and where defamationis decriminalised.
This paper delves into the multifaceted dynamics surrounding whistleblowing policies
and laws in developing nations, particularly in Nigeria because the Nigerian context
provides valuable insights into the challenges and opportunities associatedwith promoting
JMLC
27,2
262
Journalof Money Laundering
Control
Vol.27 No. 2, 2024
pp. 262-274
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-05-2023-0096
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1368-5201.htm
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