ARTICLE 19
GLOBAL CAMPAIGN FOR FREE EXPRESSION
3.6 Whistleblowers
The Law should provide protection for whistleblowers who release classified information,
if the disclosure was made in good faith and with a reasonable belief that the information
was substantially true and disclosed evidence of wrongdoing. Protection for disclosure in
the public interest should extend to employees who come across protected material that
discloses wrongdoing, if they release the information in good faith. ARTICLE 19 has also
recommended the inclusion of protection for whistleblowers in the draft freedom of
information legislation which is currently before the Jordanian parliament.
Wrongdoing should include the commission of a criminal offence, failure to comply with a
legal obligation, a miscarriage of justice, corruption or dishonesty, or serious
maladministration regarding a public body. Protection should also be granted to those who
disclose information relating to a serious threat to health, safety or the environment,
regardless of whether the information is linked to individual wrongdoing. Protection for
whistleblowers encourages accountability in the government sector.
Protecting whistleblowers is fundamental to the operation of open and accountable
government and is a standard provision in freedom of information legislation in a wide
range of countries. In addition, the Special Rapporteurs 2004 Declaration on Freedom of
Information and Secrecy Legislation stresses the need for information ‘safety valves’ such
as whistleblowers and calls for the protection of those who disclose information so long as
the person acted in good faith.
The role of whistleblowers in this regime is particularly important given the current lack of
provision for review or declassification. Further consideration needs to be given to promote
protection of whistleblowers in the face of the severe criminal sanctions within the Law
which apply to those people who disclose classified information. It is a difficult balance to
strike, but a significant one for the protection of basic fundamental rights. The provisions
relating to the protection of whistleblowers needs to be drafted in the context of amending
the provisions relating to the criminal sanctions within the Law, as outlined below at
Section 3.7. In particular, the strict liability nature of the offences poses a real threat to any
persons risking to speak out about classified information.
Recommendation:
• The Law should provide protection to whistleblowers who act in good faith and
with a reasonable belief that the information was substantially true and disclosed
evidence of wrongdoing.
3.7 Criminal sanctions
Article 14 imposes criminal liability on “any person who has entered or attempted to enter a
restricted place for the purpose of accessing secrets, items, protected documents or
information that must remain secret to endure the security of the State.” The person “shall
be sentenced to temporary hard labor.” This provision further states that “[i]f such an
attempt is made for the benefit of a foreign State, he shall be sentences to hard labor for
life. If the foreign State was an enemy, he shall be sentenced to death.”
Article 15 stipulates that anyone who “steals” classified information shall be subject to hard
labor for a minimum of ten years. If the information was obtained for the benefit of a
foreign State, the penalty is hard labor for life. If it is an enemy foreign State, the person
shall be sentenced to death.
Memorandum on Jordan’s Protection of State Secrets and Documents Provisional Law No. (50) for the Year 1971ARTICLE 19, London,
2005 – Index Number: LAW/2005/1205
- 15 -
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents