Last year Malta enacted the Protection of the Whistleblower Act, 2013, an Act intended to map procedures to safely disclose information with regard to improper practices by employers and employees, both in the public as well as in the private sector.

In the 1970s, the term whistleblowing was still in its infancy. However a certain Stanislao Formosa, who was born in Malta in 1927 and who in 1950 decided to change his name to Stanley Adams, became a world-famous whistleblower.

In 1973, while Adams was working as a senior executive with a Swiss pharmaceutical company, he discovered that the company was artificially inflating the price of vitamins through a price-fixing exercise.

After passing all the evidence to the then European Economic Community, the latter not only did not treat the information as confidential but it passed all documentation to the Swiss company.

After being arrested and charged by the Swiss authorities for industrial espionage, Adams was held for three months in solitary confinement. His second wife committed suicide, after being informed that Adams was destined for a prison term of 20 years.

Actually he served a six-month prison term. Upon release, he fled Switzerland to settle down in the United Kingdom.

In 1984, he published his Roche vs. Adams, a 236 page autobiography.

In 1985, Adams’ character inspired director/producer John Goldschmidt to make a film for television entitled A Song for Europe, also known as A Crime of Honour.

A certain Stanislao Formosa, who was born in Malta in 1927, became a world-famous whistleblower

Although subsequently Adams was treated as a hero, there is a darker sequel to his life-story which falls outside the scope of this article. Adams is on Wikipedia’s list of major international whistleblowers which includes the likes of Edward Snowden.

Today whistleblowing is being seen as one of the most important and valuable tools in the fight against the cancer of corruption. It takes a lot of guts and determination to blow the whistle, and in the process, one must tread very carefully, ensuring that disclosures are made in good faith and not for any personal or political gain or, still worse, as personal retribution.

Not everyone has the courage and stamina to report someone even for sexual abuse, violent or offensive behaviour, foul language or bullying, especially if the perpetrator happens to be part of management, let alone disclosing some high ranking corrupt or bribed official.

This is the case particularly here in Malta, because as a people living on a small island, proximity and familiarity render reprisal more real. Dilemmas do not lack whether disclosures can best be made internally (to a designated official where one belongs) or externally (to an authority or regulator), or even to the media.

There are also more serious scenarios when, by leaking information, a whistleblower could be in breach of his or her contractual confidentiality obligations.

But revealing misconduct, illegal and corrupt practices, is a duty that goes beyond one’s loyalty to any employer or superior. We all have a higher moral commitment to society, especially, albeit not only, where public entities and public funds are involved.

Condoning serious malpractices is not only immoral and unethical, but in many cases even illegal. Conversely, not supporting whistleblowers equates to promoting and protecting wrongdoers.

Since the 2013 Whistleblowing Act goes against the grain of Maltese ‘omerta’, there is now a dire need to systematically promulgate a cultural change in order to encourage, facilitate and effectively protect whistleblowers.

Retaining the status quo may render the new Act merely another ‘symbolic’ regime.

Institutions and organisations need to endorse a culture which stalks corruption and abuses by helping individuals to break the code of silence. Apart from doing the right thing, they will be bestowing on themselves a strategic safeguard against reputational risk, and in certain cases even fines and sanctions.

The well-being of civil society depends a lot on the valour and the fortitude of those who dare.

Tony Micallef has a Masters in Business Ethics