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.