Tech whistleblowers urged to come forward and expose corporate wrongdoing

Australia’s technology sector has not yet felt the “whistleblowing wave” that has torn through Silicon Valley and the European Union, and a new guide is aiming to encourage more insiders to come forward and expose corporate wrongdoing.

The past year has been marked by scandals at local technology companies, including WiseTech Global, Grok Academy and Metigy, with executives at each organisation resigning after alleged misconduct was revealed by whistleblowers who raised concerns.

American Facebook whistleblower Frances Haugen.Credit: AFR

Other tech scandals this year include a secretive algorithm that was found to be determining the fate of Australia’s immigration detainees and revelations that photos of Australian children have been used to train AI tools without the knowledge or consent of the children or their families.

As the federal government moves ahead with its aggressive plans to regulate Big Tech and reduce the harm caused by social media and artificial intelligence, there are concerns that the role of whistleblowers has been lost in the debate.

Technology-Related Whistleblowing: A Practical Guide will be launched on Monday and is the work of The Human Rights Law Centre, Reset Tech Australia, Psst.org and Digital Rights Watch. It builds on equivalent resources in the US and the EU.

Frances Haugen, the high-profile American whistleblower who leaked the so-called “Facebook Files” said Australia was, in many respects, a proving ground for many of the world’s incumbent tech giants and an incubator for the good, bad, and the unlawful.

‘Few people, if any at all, actively set out to be whistleblowers. It is a difficult and hazardous path.’

Facebook whistleblower Frances Haugen

Haugen formerly served as a senior product manager at Facebook before quitting in May 2021 and leaking tens of thousands of internal documents that exposed how much the company knew about the harm it was causing, including knowingly promoting misinformation and hate speech, and pro-eating-disorder content to teenage girls.

“Just in 2024, a wide variety of tech scandals came to light in Australia. These powerful investigations by top reporters detail a taste of what’s happening under the surface in data-powered digital companies. There are almost certainly more,” Haugen said.

“Few people, if any at all, actively set out to be whistleblowers. It is a difficult and hazardous path, but sometimes it’s the only path we have to serve the public interest and even save lives.”

Haugen said that she was first-hand proof that information can help transform companies and enact broader cultural and societal change.

“The documents I collected and provided to the US Congress and the SEC, now known as the Facebook Files, have been instrumental in sparking global conversations about the impact of social media on society and continue to play a role in making a case for legislative reform around the world for digital platform companies,” she said.

Human rights lawyer Kieran Pender says protections for whistleblowers are vital.

The guide covers issues including what to think about before blowing the whistle – including employment risks, potential legal action and emotional risks – as well as the various protections that whistleblowers are afforded.

Kieran Pender is an associate legal director at the Human Rights Law Centre and has worked with a number of whistleblowers in the technology sector, including several who have spoken to this masthead for major stories.

While Pender works with whistleblowers in the local sector, he would like to see more.

He said that under existing laws, public and private sector workers in Australia have a range of protected avenues for raising concerns.

“While the tech whistleblowing wave hasn’t yet made its way to Australia, we hope this guide will empower workers who witness technology-related harms to exercise their legal rights and speak up about wrongdoing,” he said.

“Regulators must also take technology-related whistleblowing more seriously, including by ensuring they can receive lawful and protected disclosures. At a time of rapid regulatory change in Australia, it is vital that whistleblowing and whistleblower protections are part of the accountability ecosystem.”

Alice Dawkins is the executive director at Reset Tech Australia, a lobby group dedicated to countering misinformation. For Dawkins, 2024 represented a banner year for the reporting of misconduct at tech companies.

Alice Dawkins believes further tech industry disclosures are only a matter of time.

“​We’ve heard a lot this year about the harmful conduct of tech-enabled companies, and there is undoubtedly more to come out,” she said.

“We know it will take time to progress comprehensive protections for Australians for digital harms. It’s especially urgent to open up the gate for public accountability via whistleblowing.” ​

Jennifer Gibson is the co-founder and legal director of Psst.org, a platform providing whistleblowers with support and advice.

“If Australia is serious about holding tech accountable, then it’s imperative whistleblowers be empowered to speak up about tech-related harms. They are the key to seeing inside the ‘black box’,” she said.

“This new resource will help those on the inside who have key public interest information understand what their options are and where they can find support.”

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