[GA - PASSED] Whistleblower Protection Act

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Boston Castle

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Whistleblower Protection Act
Category: Civil Rights | Strength: Significant
Proposed by: Boston Castle | Onsite Topic


Observing that some people go to great lengths in order to disseminate information that they believe ought to be public knowledge;

Further observing that some people go to great lengths to stop the dissemination of this information;

Noting that this august assembly has already clarified the freedom of the press in [resolution=GA#155]Freedom of the Press[/resolution], hereby enacts the following:

  1. For the purposes of this resolution:
    • “Whistleblower” is defined as any person disclosing previously known illegal or improper activity by a government official, business, or any other organization recognized under power of law.
    • “Media outlet” is defined as any private or public entity which disseminates information to a public in a generally accessible medium.
  2. Whistleblowers and media outlets in World Assembly member states shall not be penalized for the dissemination of information about any government project, initiative, or operation provided that:
    • The information provided does not constitute a threat to critical operational or national security such that its breakdown would result in the breakdown of territorial integrity or loss of life for those involved.
    • The information provided does not constitute the publication of personally identifying information of any person involved in said operation, though persons disseminating the information may publicize personally identifying information in the event that information is publicly available or is obtained through legally standardized governmental transparency processes.
  3. Whistleblowers and media outlets may not publish personally identifying information of third parties unless said third party is themselves party to a crime committed by a government official.
  4. Whistleblowers and media outlets in World Assembly member states shall not be penalized for the dissemination of financial information of a government official or for the dissemination of a company or government's financial documents.
    • Businesses in member nations may not hold either whistleblowers themselves or the media outlets who publicize the information obtained by a whistleblower responsible for damages incurred as a result of the publication of aforementioned information.
  5. Whistleblowers in World Assembly member states shall not be penalized for the publication of direct evidence of a crime which has taken place or will take place.
    • Direct evidence shall include non-violent video, transcripts, documentation, or another method of storing information which contains evidence of a crime that has been committed or will take place under the terms of national law, international law, or a code of conduct instituted by an organization where the crime committed falls under the prerogative of government or international law enforcement.
    • Video evidence of crimes involving the exploiting of minors may not be disseminated.
    • Personally identifying information of crime victims may only be published pursuant to prior World Assembly legislation and with the consent of the victim.
    • Whistleblowers may be held criminally liable for withholding information from law enforcement of crimes that have been committed, are in the process of being committed, or will be committed under national law or international law.
  6. Whistleblowers may not be tried by member states for crimes such as libel, slander, defamation, or other crimes involving speech unless the information disseminated is proven to be demonstrably false or fits into exceptions noted elsewhere.
    • Similarly, member state governments may not seek legal recourse against any media outlet unless the information is proven to be demonstrably false or fits into exceptions noted elsewhere.
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

For Against Abstain Present
20201

Whistleblower Protection Act was passed 11,900 (77.8%) votes to 3,390 (22.2%).
 
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Boston Castle

Kaleidoscope King
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IFV

Overview
This resolution seeks to ensure that those who disclose details of illicit behavior and dealings by businesses, governments, and other such organizations, known as whistleblowers, are able to do so without fear of reprisal from member states and private entities; while establishing parameters under which whistleblowers can act and enjoy the resolution's protections.

Recommendation
The Ministry believes that the ability of individuals or groups to make the general populace aware of governmental or corporate wrongdoing is one that should be safeguarded zealously. This resolution excellently covers the various parameters under which the protections contained within shall be applied to whistleblowers and media outlets. In doing so, this resolution ensures that the general populace of a nation is aware of any wrongdoing committed by their government or notable companies; wrongdoing which often is in the interest of the public to be aware of.

For these reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly resolution at vote, “Whistleblower Protection Act".
 
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Wonderess

"I will be true to you whatever comes."
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@Boston Castle

Given the current issues we have in a "post truth" society, can you elaborate on what satisfies this clause:

Similarly, member state governments may not seek legal recourse against any media outlet unless the information is proven to be demonstrably false
 

Vexilia

Citizen
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For.
The true comrades of the Autocratic Republic will always follow regulations and laws, this shall assist in quashing of systematic abuses and in conjunction radical dissent.
 

Boston Castle

Kaleidoscope King
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@Boston Castle

Given the current issues we have in a "post truth" society, can you elaborate on what satisfies this clause:
Let's say Media Company A reports that documents obtained from Company Z regarding their first quarter show a loss of $1 billion. This hurts Company Z financially to the tune of ~2.5% or so in the day's trading. The next week, Company Z's documents, which are verifiable, trusted by investors, and which actually are attested to legally (though I do not believe this is a part of the process, at least in the US, a company's accountants do run the risk of fraud for putting out false financial statements) show a profit of $500 million. Media Company A is now at risk of being sued by Company Z and under the terms of this law, Company Z may do so.

Hope this helps!
 

Boston Castle

Kaleidoscope King
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As of 11:25 AM EST, this proposal has received the necessary approvals to enter the queue. Supposing that the proposal submitted before it that is not currently at quorum does not meet it, this proposal will take the floor at Wednesday's Minor Update.
 
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