Abstract:
Whistleblowing can be identified as a means of voicing out wrongdoings in a given
establishment to either inside or outside channels. It should also be noted that whistleblowing
is a way of expressing ones dissent concerning a wrongdoing which should be respected and
guaranteed, albeit with such limitations as required in a democratic society. While this can be
identified as a means of combating corruption and enhancing accountability, transparency and
good governance through such disclosures, the existing legal regime in Sri Lanka does not
provide explicit protection for such individuals when they are being retaliated against. This
research aims to analyse the right to information regime in protecting the whistle-blowers
through the right to information law, through a qualitative method by analysing statutory
provisions and decisions of the Right to Information Commission of Sri Lanka. The results
reveal that section 40 of the Right to Information Act No. 12 of 2016 provides protection for
officers and employees of public authorities who disclose or release information which is under
their custody, control or possession that they are entitled to disclose under RTI Act should not
be retaliated by means of disciplinary action or any punishment. It is argued that this provision
is capable of providing some protection for individuals in the public authorities who decide to
blow the whistle by a way of disclosing, or releasing upon their own initiation. It is
recommended that; whistle-blower protection should be widely recognized in order to achieve
the objectives of the Act.
