It is commonly stated, by both whistleblower protection laws and political philosophers, that a breach of state secrecy by disclosing classified documents is justified if it serves the public interest. The problem with this defense of justified whistleblowing, however, is that the operative term – the public interest – is all too often left unclarified. This is problematic, because it leaves potential whistleblowers without sufficient certainty that their disclosures will be covered by the defense, leading many to err on the (...) side of caution and remain silent, depriving the public of much-needed information. Failing an agreed upon definition of the public interest or a process to determine it, judges’ applications of the public interest in whistleblowing cases have been criticized for demonstrating ‘judicial idiosyncrasy’. The present paper, therefore, sets out to provide some clarity concerning the concept of the public interest, and to ascertain the extent to which a public interest defense for whistleblowing is feasible and desirable. (shrink)

Political philosophical work on whistleblowing has thus far neglected the role of journalists. A curious oversight, given that the whistleblower’s objective - informing the public about government wrongdoing - can typically not be realized without the media. The present article, therefore, aims to start remedying this neglect by exploring some of the most pressing questions. Accordingly, the paper will be structured as follows: Section 1 will explain why the authorities have treated whistleblowers far more harshly than the journalists who publish (...) their disclosures. Still, the freedom of expression of media workers is less extensive than that of ordinary individuals. Section 2 will explain why by arguing that the freedom of expression of the press, contrary to that of individuals, is not an unconditional good; instead, it is good merely instrumentally. Section 3 considers and refutes an argument for a more expansive press freedom based on the marketplace of ideas model and, in doing so, also discusses some important differences between the ethics of the traditional and the new online media. Often journalists, like whistleblowers, will justify their publications based on leaked classified documents by appealing to the public interest. Yet, this is problematic for two reasons: the public interest is never clarified; and this argument overlooks the fact that the public interest can also be a reason for not publishing about leaked classified documents, even if the leaks are verified. Accordingly, Section 5 sets out to clarify the public interest. Section 4 then discusses two case studies – one concerning unverified leaks, and one concerning verified leaks – in order to demonstrate how we might employ the concept of the public interest in order to determine the permissibility of publishing about leaked classified information in practice. (shrink)

Whistleblowing is the act of disclosing information from a public or private organization in order to reveal cases of corruption that are of immediate or potential danger to the public. Blowing the whistle involves personal risk, especially when legal protection is absent, and charges of betrayal, which often come in the form of legal prosecution under treason laws. In this article we argue that whistleblowing is justified when disclosures are made with the proper intent and fulfill specific communicative constraints in (...) addressing issues of public interest. Three communicative constraints of informativeness, truthfulness and evidence are discussed in this regard. We develop a ‘harm test’ to assess the intent for disclosures, concluding that it is not sufficient for justification. Along with the proper intent, a successful act of whistleblowing should provide information that serves the public interest. Taking cognizance of the varied conceptions of public interest, we present an account of public interest that fits the framework of whistleblowing disclosures. In particular, we argue that whistleblowing is justified inter alia when the information it conveys is of a presumptive interest for a public insofar as it reveals an instance of injustice or violation of a civil or political right done against and unbeknown to some members of a polity. (shrink)

This paper studies the lessons of principled anti-corruption experts who dared to fulfill their duty of justice in highly corrupt societies, through the true story of Ngozi Okonjo-Iweala, the former Finance Minister of Nigeria. My thesis is that when principled anti-corruption experts are epistemic trespassers, they show moral incompetence. Okonjo-Iweala shows moral incompetence in two ways: she misread the opposition to her strategies and misled other honest reformers. Both actions bungled her efforts to eradicate corruption inasmuch as they hindered the (...) possibility of finding successful anti-corruption policies. Okonjo-Iweala’s moral incompetence is, I argue, the result of her epistemic trespassing that led her to act like an expert in an environment where she was not. I conclude that, in highly corrupt societies, principled anti-corruption experts should embrace moral humility, stop thinking that they are experts, and act more like students, asking questions and not rushing to think that they understand the answers. (shrink)