The Freedom of Information Bill, 2012
Protection of person making
disclosure.
47. (1) A person shall not be penalized in relation to any employment,
profession, voluntary work, contract, membership of an
organization, the holding of an office or in any other way, as a
result of having made or proposed to make a disclosure of
information which the person obtained in confidence in the course
of that activity, if the disclosure is one which is in the public
interest.
(2)For purposes of subsection (1), a disclosure which is made to
the police or to an appropriate public authority shall be deemed to
be made in the public interest.
(3) A person shall make a disclosure under subsection (1) and
(2),where the person has reasonable belief in the veracity of the
information.
(4) Dislosure of information under subsection (1) and (2) includes
information on_
(a) violations of the law,including human rights violations;
(b) mismanagement of funds;
(c) conflict of interest;
(d) corruption;
(e) abuse of public office; and
(f) dangers o public health, safety and the environment
(4)For the purpose of this section, a person is penalized if the
person is dismissed, discriminated against, made the subject of
reprisal or other form of adverse treatment or is denied any
appointment, promotion or advantage that otherwise would have
been provided or any other personnel action provided under the
law relating to whistle blower, and the imposition of any such
penalty in contravention of this section shall be actionable as a tort.
(5) Any term of any settlement arising from a claim under this
section, insofar as it purports to impose an obligation of
confidentiality on any party to the settlement in respect of
information which is accurate and which was or was proposed to
be disclosed, shall be unenforceable.
(6) In any proceedings for an offence for contravention of any
statutory prohibition or restriction on the disclosure of
information, it shall be a defence to show that, in the
40 the disclosure was in the public interest, and
circumstances,
where the offence is alleged to have been committed by a public
officer or Government contractor and involves the disclosure of
information obtained by the person in the person’s position as
such, that the defendant had, before making the disclosure,