Chapter 9 Has law and social science trivialised the concept and practice of whistleblowing in Norway 2007–2023?

Abstract

This chapter examines the modern evolution of whistleblowing legislation and practice in Norway and its implications for Corporate Social Responsibility (CSR). Our discourse analysis spans legal provisions, scholarly research, and national surveys and reports on whistleblowing. A finding is that the whistleblowing institution is tied to a power inter-est in encouraging employees to speak out, predominantly to prevent severe public interest damage to the population and economy. Yet, we have found that the law’s broad whistleblowing concept has led to the predominance of commonplace personal-related cases within organisations’ whistleblowing channels. Our analysis further aimed to dis-cern whether this prevailing broad understanding of whistleblowing serves the public interest or rather prioritises individual grievances at its expense. Both organisations’ whistleblowing routines and research surveys exploring the landscape of whistleblowing tend to be based on or are bound by the broad whistleblowing concept in the legislation. Consequently, we have limited tools for assessing whetherwhistleblowing serves the public interest and is an efficient mechanism for detecting when CSR fails. We examine recent research indicating an increase in retaliation against whistleblowers. However, the broad whistleblowing concept makes it difficult to discern whether this increase targets public interest reporting, individual grievance reporting, or both. Consequently, our ability to assess the effectiveness of whistleblowing to restore CSR is impaired. The Norwegian Supreme Court recently interpreted the whistleblowing provisions, solidifying a low threshold for what constitutes whistleblowing. A dissenting minority highlighted the provisions’ intent: whistleblowing in the public interest. Against this background, we conclude by providing suggestions for improving the whistleblowing institute and its potential as a CSR mechanism.