Security or Silence? Whistleblowing, Secrets, and the Criminalization of Truth in Democratic Systems

• In Event: Critical Perspectives on Emergent and Current Issues II

Abstract

Whistleblowers play a crucial role in exposing state and corporate misconduct, yet their legal protection remains uncertain when disclosures involve classified information or trade secrets. In democratic systems, the balance between national security, transparency, and legal accountability is not always clearly defined, raising concerns about potential ambiguities in legal frameworks and inconsistencies in judicial responses. This study examines the legal uncertainty surrounding whistleblower protection in cases involving state secrecy and corporate confidentiality, with a comparative focus on the United States and the European Union. While some legal frameworks provide safeguards for whistleblowers, others lack clear criteria for determining when disclosures serve the public interest, potentially leading to inconsistent judicial outcomes. Moreover, in certain contexts, the independence of judicial oversight may be challenged by political considerations, further complicating the legal assessment of disclosures. This research highlights the need for well-defined recognition criteria for whistleblower protection, ensuring that legal safeguards are applied consistently and that judicial independence is maintained. By analyzing the interaction between secrecy laws, whistleblowing, and judicial oversight, the paper contributes to the discussion on how legal frameworks can better reflect fundamental democratic principles, including freedom of expression, transparency, and the separation of powers.

Author

• Maria Di Maggio, University of Bari