·        WikiLeaks was established by Assange in 2006 as a platform for anonymous submissions and disclosures of classified information.

·        Over the years, it developed into a repository for leaked material, enabling contributors to upload information securely through tools like Tor to safeguard their identities.

·        Despite internal conflicts impacting its operations in the past, WikiLeaks has continued its mission, shedding light on controversial topics like the treatment of detainees at Guantanamo Bay.

Consequential Leaks by Chelsea Manning

• Chelsea (then Bradley) Manning leaked millions of classified files from the U.S. Defence Department on the Iraq and Afghan invasions, as well as thousands of State Department communiques.
• The leaks began in April 2010 with the release of a 39-minute video showing U.S. AH-64 Apache helicopters firing on civilians and Reuters war correspondents during the Iraqi insurgency in 2007.
• These disclosures, which had been sought unsuccessfully by Reuters for nearly three years, highlighted human rights abuses and increased fatalities in Iraq.

Impact of WikiLeaks’ Model

• WikiLeaks facilitated the release of war logs detailing abuses by occupation forces and heightened casualty counts in Iraq, sparking widespread media coverage.
• Additionally, thousands of leaked diplomatic cables released by Ms. Manning exposed the lifestyles and behaviours of elites globally, inciting public scrutiny.

Evolution of WikiLeaks’ Operations

• Originally collaborating with newspapers to redact sensitive information, WikiLeaks faced condemnation after the full cache of “Cablegate” files was released due to a leaked encryption key.
• Despite the absence of an anonymised submission system from 2010 to 2015, WikiLeaks continued to publish sensitive information obtained from sources like the Stratfor email leaks.
• The controversial release of John Podesta’s emails before the 2016 U.S. elections drew criticism for allegedly impacting the election process.

Legal Actions Against Assange and WikiLeaks

·        Following the Manning leaks, the U.S. government under Obama prosecuted Manning under the Espionage Act but did not pursue charges against Mr. Assange or WikiLeaks.

·        Subsequently, the Trump administration indicted Mr. Assange for conspiracy with Manning to publish classified materials and later expanded charges related to the Espionage Act.

·        Definition: Whistleblowing involves disclosing illegal or unethical activities within an organization by concerned stakeholders.

·        Legal Background:

o   The Law Commission of India recommended a whistleblower protection law in 2001 to combat corruption.

o   The Supreme Court’s directive in 2004 led to the establishment of the Public Interest Disclosure and Protection of Informers Resolution (PIDPIR), empowering the Central Vigilance Commission (CVC) to act on complaints.

o   In 2014, the Whistleblowers Protection Act was enacted to provide legal safeguards for whistleblowers. This followed earlier recommendations and international obligations under the UN Convention against Corruption.

·        Key Highlights of Whistleblower Protection Act, 2014

o   Disclosure Mechanism: The Whistleblower Protection Act, 2014 allows people to report corruption or misuse of power by public servants. Competent Authorities handle these reports.

o   Safeguards: The Act protects whistleblowers from retaliation for reporting misconduct.

o   Public Interest Disclosure: Anyone, including public servants, can report wrongdoing to a Competent Authority. For ministers, the Prime Minister acts as the authority.

o   Identity Disclosure: Complaints must include the complainant’s identity for the Competent Authority to take action.

o   Time Limit: Complaints must be filed within seven years of the incident.

o   Exemptions: Personnel of the Special Protection Group (SPG) are not covered by this Act.

o   Appeals: If dissatisfied with the Authority’s decision, one can appeal to the High Court within sixty days.

o   Penalties: Revealing a whistleblower’s identity can lead to up to 3 years in prison and a Rs. 50,000 fines. False disclosures can result in up to 2 years in prison and a Rs. 30,000 fines.

o   Annual Reporting: The Competent Authority submits an annual report to the Central or State Government, which is then presented to Parliament or State Legislature.

o   Override of Official Secrets Act: The Act supersedes the Official Secrets Act, 1923, allowing disclosures of classified information that do not harm national sovereignty.

o   Amendment Controversy: A 2015 amendment bill sought to restrict whistleblowers from disclosing documents classified under the Official Secrets Act, potentially weakening the protections of the 2014 Act.

·        Importance of a robust whistleblower protection framework:    

o   Transparency and Accountability: Strengthening whistleblower protection ensures organizations follow ethical standards and encourages employees to report corruption.

o   Protecting Citizen Rights: Strong laws prevent the state from infringing on citizen rights; for instance, Edward Snowden’s actions sparked a national debate on surveillance and privacy.

o   Preventing Hardships for Whistleblowers:

Ø  Job Security: Whistleblowers often face isolation and job loss within organizations.

Ø  Threats: They may receive death threats from those exposed; some have been murdered, like Satyendra Dubey in Bihar.

Ø  Safety Issues: Many face assault and harassment, highlighting the risks whistleblowers endure.