Question from a reader:
What requirements are necessary to be protected when making an external report?

Requirements for Protection When Making an External Report

Recently, a friend of mine noticed misconduct at his workplace. He is very confused about the situation and is struggling with whether or not to report it externally. Having had a similar experience in the past, I completely
understand his feelings. In such situations, considering how courageous it is to report and the subsequent protection, the psychological pressure can be immense. When making an external report, there are several requirements. By understanding these requirements and acting appropriately, one might be able to protect themselves. This time, I will explain the requirements for external reporting from a legal perspective.

What is External Reporting?

First, let’s confirm what external reporting is. Simply put, it refers to reporting misconduct or illegal activities within a workplace or organization to external entities or the media, rather than to internal stakeholders. This action is particularly important for protecting the public interest. For example, it includes corporate accounting fraud, environmental pollution, and violations of labor standards. I myself had an experience while working part-time at a judicial scrivener office where there were compliance issues. I hesitated to report this internally and ultimately decided to report it externally, but making that decision was very difficult.

Requirements for Protection in External Reporting

Now, let’s look at what requirements are necessary when making an external report. Here, I will explain in a bit more detail.

1. Legitimacy of the Reported Content

First and foremost, it is required that the content of the report is based on actual facts. This can be referred to as “legitimacy.” Reports based solely on rumors, speculation, or emotions are not subject to legal protection. This is a very important point. My friend was feeling anxious about trying to report without concrete evidence. That is a valid concern. Without evidence, there is a possibility of being held legally responsible. In fact, when making a report, it is essential that the content is specific and detailed. It is crucial to organize information as accurately as possible regarding what actions were taken and who was involved.

2. Selection of the Reporting Entity

Next, the selection of the reporting entity is important. When making a report, which organization to report to is a significant key. Even if internal reporting is recommended, it is necessary to confirm whether the external organization is appropriate for reporting. For example, regarding corporate misconduct, there are various organizations such as the Labor Standards Inspection Office, the Consumer Affairs Agency, and bar associations. I myself have researched and consulted about which organization is appropriate for reporting labor issues. A mistake in this selection can lead to the report not being accepted or, conversely, the problem worsening.

3. Timing of the Report

The timing of the report is also an element that cannot be overlooked. For instance, if the problem is ongoing, prompt action is required. Conversely, if the situation is improving, there may be no need to report. I have personally refrained from reporting when I saw signs of improvement in a particular issue. That judgment is very difficult, but it is important to calmly assess the situation.

4. Ensuring Anonymity

Finally, ensuring the anonymity of the reporter is also an important requirement. Many organizations accept anonymous reports, but even in such cases, it is necessary to provide as specific information as possible. Considering the risk of facing retaliation after reporting, the importance of anonymity increases even more. My friend also wished to report anonymously, but when I conveyed that it might be difficult to provide specific information in that case and that the report might not be accepted, he looked a bit anxious. Indeed, it takes courage to take action.

Flow After Reporting and Psychological Impact

What happens after making a report is also an important point. Typically, the organization that receives the report conducts an investigation and may report the results back to the reporter. However, it is also necessary to consider how one feels during that time and the psychological impact. After making a report, I was quite anxious for a while. I was filled with uncertainty about whether I had made the right decision and how my relationships at work would change. I remember the weight of being in the position of a reporter heavily affecting my psyche. Thus, even after reporting, psychological support may be necessary. I believe it is important to find understanding from those around you and appropriate sources for consultation.

Conclusion

External reporting is an important act that requires courage. However, since there are legal requirements for such actions, it is essential to understand and prepare adequately. Acting while keeping in mind the legitimacy of the report, the selection of the reporting entity, the timing of the report, and ensuring anonymity can lead to self-protection. It is also crucial not to forget to consider the psychological impact after reporting and to seek necessary support. By understanding how important your actions are and making the right judgments, I hope it leads to better outcomes, even if just a little.