“Protect David against Goliath”: the National Assembly gave the first unanimous green light on Wednesday to a text providing increased support for whistleblowers.

The bill "aimed at improving the protection of whistleblowers" was adopted at first reading by 52 votes in favor and none against.

The text must now go to the Senate.

"It is essential to protect David against Goliath," said rapporteur Sylvain Waserman (MoDem).

Faced with "powerful interests" which they may come up against, they must "guarantee the protection of the law and the treatment of their alert", he added.

Whistleblowers "sometimes experience human tragedies"

"Discriminated, dismissed" or even "prosecuted", the whistleblowers "sometimes experience human tragedies", underlined on behalf of the government the Secretary of State for Youth, Sarah El Haïry.

But the future law must also make it possible to rule out steps that are simply "malicious, vague or poorly calibrated", and not "encourage settling of scores", she added.

Worked with the Ministry of Justice, the Council of State and associations, the bill provides for better defining their status and guiding their approaches, better protecting them and those who assist them, and facilitating their financial and psychological support, among others.

"European reference"

On the eve of the French presidency of the European Union, the text aims to be a "reference at European level", going further than a 2019 EU directive that it transcribes. The proposal aims to correct imperfections in the pioneering law in this area - known as “Sapin II” - of 2016, ultimately little used for whistleblowers.

From the scandal of the Mediator in the pharmaceutical industry to the “Luxleaks” or “Swissleaks” in the world of finance, resounding cases have repeatedly highlighted the difficult fight of whistleblowers.

The subject was invited again Tuesday at the Palais Bourbon, with the announced support of forty deputies from all sides to the founder of WikiLeaks Julian Assange, threatened with being extradited from Great Britain to the United States.

Last week, deputies and senators had auditioned the American Frances Haugen, ex-computer scientist of Facebook who came to describe the excesses of the digital giant.

Certain exceptions provided for

The text defines the whistleblower as "a natural person who reports or discloses, without direct financial compensation and in good faith, information relating to a crime, an offense, a threat or damage to the general interest", or a violation of an international commitment of France.

It provides for certain exceptions, such as facts and information covered by the secrecy of national defense, that of judicial deliberations or medical secrecy.

Gagging procedures

The text proposes to specify and diversify the channels internal to the company or administration, or external available to whistleblowers to validate their approach.

The Council of State will have to establish a list of "competent external authorities" to collect and process the representations of these people.

The proposed law corrects the Sapin II law in this regard, deemed imperfect because it favors internal reporting to the employer, a method that can be dissuasive or counterproductive.

The Defender of Rights would have an increased role to assist and guide the whistleblower.

The courts would also have additional tools to facilitate the defense of the rights of whistleblowers.

The “facilitators”, who accompany the whistleblower, would also be better recognized and protected.

The left sought to strengthen the text

The bill also provides for sanctions against those who unwillingly disclose the identity of a whistleblower.

Ditto for those who would seek to stifle its action under abusive procedures ("gag" procedures) or subject it to reprisals.

Despite the consensus on the provisions of the bill, the left sought to strengthen several aspects.

Socialist Cécile Untermaier pleaded for a special “financial fund” to be created to support these people.

Without going that far, the text has been amended to guarantee increased aid.

Ugo Bernalicis (LFI) also sought, without success, to extend the text to whistleblowers abroad, invoking in particular the Assange case.

The associations want to "go further"

The bill received, when it was tabled in July, the support of the House of Whistleblowers (MLA), which brings together organizations, associations and unions supporting these people.

However, the associations had called in early November to "go further", especially in terms of financial support for those "who take risks for the benefit of all".

By the Web

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