Whistle-Blowing as a Form of Digital Resistance: State Crimes and Crimes Against the State

Abstract

Whistle-blowing has always been an important vector of resistance to state crimes, and technology has produced a new generation of digitally mediated truthtelling, which is novel in its provision of source material, its systemic critique and the breadth of its impact. International standards and national legal frameworks increasingly acknowledge the importance of whistle-blowers, but those whose disclosures challenge the state are often excluded from emerging standards of protection. The repercussions for those excluded include restrictions on freedom of expression pursued through the courts and the rhetorical framing of truthtelling as a crime against the state. Ultimately, if whistle-blowers' revelations about state crimes are to hit home, their status as human rights defenders needs to be asserted.