Whistleblowing — informing about a public servant’s breach of law or ethics — is effective only where the whistleblower enjoys real protection guarantees. In Georgia these guarantees are established by a dedicated chapter of the Law of Georgia on the Fight against Corruption. On this page we explain what constitutes whistleblowing and who counts as a whistleblower, how a disclosure may be made, what is prohibited against the whistleblower, and what rights the accused person holds. An important clarification: the regime discussed here governs disclosures connected with public service — internal whistleblowing models for the private sector remain outside the scope of this page.
Whistleblowing and the Whistleblower — the Core Concepts
The law defines whistleblowing as the informing, by the whistleblower, of the review body, an investigator, a prosecutor or the Public Defender of a public servant’s breach of legislation or of norms containing general rules of ethics and conduct, where such a breach exists and has harmed or may harm the public interest or the reputation of the respective public institution. Whistleblowing also includes informing civil society or the mass media after the review body, investigator, prosecutor or Public Defender has taken a decision.
The review body is the structural unit of the respective public institution performing internal control or official inspection. The law protects not only the whistleblower but also close relatives — parents, children, grandchildren, siblings, the spouse and a person permanently living with the whistleblower. The circle of protection is built around these two rings.
Forms of Disclosure and Confidentiality
A disclosure may be made in writing, orally, electronically, by telephone, by fax, through the website administered by the State Audit Service or by other means — and it may be anonymous. Unless the whistleblower has expressed in writing the will to disclose their identity, the review body is obliged not to reveal it; a culpable breach of this requirement engages the public servant’s disciplinary liability. The State Audit Service may additionally provide the whistleblower with legal or psychological assistance and forward information, documents and evidence to the appropriate authority.
What Is Prohibited against the Whistleblower
The central norm is the catalogue of prohibited actions: intimidation, harassment, coercion, humiliation, persecution, pressure, infliction of moral or material damage, violence or the threat of violence, discriminatory treatment or other unlawful acts against the whistleblower or a close relative in connection with the disclosure. Equally prohibited is the initiation of administrative, civil or criminal prosecution of the whistleblower and the application of coercive measures for circumstances connected with the disclosure.
Where any such proceeding is pending against the whistleblower, it must be suspended — unless the proceeding is not connected with the disclosure, or unless the purpose of using the protection guarantees is to undermine the sovereignty and security of the state, to overthrow its constitutional order, or to foment ethnic or religious strife. When coercive measures are applied, the institution must itself substantiate the absence of a connection with the disclosure. Monitoring of the guarantees is exercised by the head of the institution, and violations may be challenged under administrative legislation; during a criminal process, special protection measures may be requested from the prosecutor.
Protection Regardless of Accuracy
The whistleblower enjoys protection regardless of whether the information disclosed proves accurate or mistaken. The exceptions are precisely defined: where the falsity was known or should have been known to the whistleblower — unless they took every possible measure to verify; where the person acts in order to obtain exemption for themselves or another; and where the factual circumstances are publicly known or known to the review body. Beyond these three exceptions, the risk of error does not shift onto the whistleblower.
Review Procedure and the Rights of the Accused
The review body examines the disclosure within one month of its submission. Where the examination reveals that the breach may ground administrative, civil or criminal liability, the body must apply to the competent authorities. The process is adversarial: the accused person is notified of the disclosure and the existing evidence and may respond before the final decision, no later than 5 working days, with their position reflected in the decision. A separate rule prevents formal collision: suspended proceedings are resumed after the review body’s decision. In the systems of the defence, internal affairs and state security services, whistleblowing matters are regulated by special legislation.
Frequently Asked Questions
Below are the questions whistleblowers and institutions ask us most often, answered from the norms of the law on the fight against corruption.
May a disclosure be anonymous?
Yes. And where the identity is known to the review body but the whistleblower has not expressed in writing the will to disclose it, keeping it confidential is mandatory.
What if the information turns out mistaken?
Protection still applies, unless the whistleblower knew or should have known of the falsity and took no verification measures — the exceptions are precisely listed.
How quickly is a disclosure examined?
Within one month of submission; where necessary, the review body applies to the competent authorities.
What rights does the accused person have?
To be notified of the disclosure and the evidence and to respond before the final decision, no later than 5 working days, with the position reflected in the decision.
How We Help on Legal.ge
The lawyers of Legal.ge work on both sides of the whistleblowing procedure: we assess the grounds and risks of a disclosure, defend the whistleblower against every form of intimidation and persecution, draft submissions to review bodies and substantiate violations on appeal. Contact us — and the path of disclosure will become safe for you.