MonULR-42(1)-3.pdf (642.62 kB)
The Whistleblower Protection Act (Japan) 2004: A Critical and Comparative Analysis of Corporate Malfeasance in Japan
journal contributionposted on 2019-10-29, 09:31 authored by Peter Coney;Christopher Coney
This article is a critical analysis of Japan’s Whistleblower Protection Act 2004 (‘WPA’) insofar as this law bears upon corporate malfeasance and especially corporate fraud. This legislation has become the fulcrum of the legal apparatus that bears upon whistleblowing in that country. The domestic aspect of the discussion assesses the WPA in its corporate and cultural contexts and its international aspect compares the WPA to legislation in other countries, including the US, the UK and Australia. Although there is little research on this legislation, the authors conclude that even though it has largely been ineffective, it has had some success in both protecting whistleblowers and in making whistleblowing more acceptable in corporate Japan. The article concludes with amendment proposals that could make the WPA considerably more effective.