Communications Regulation Act 2002

24B

F50 [ Tortious liability of undertaking or associate for victimising whistleblower.

F51 [ 24B. (1) If an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider causes detriment to a person because the person or a third person has made, or threatened to make, an appropriate disclosure of information to the Commission or a law enforcement authority (such as the Garda S í och á na) about the conduct of the undertaking, the associate, the association or the postal service provider, the person has a right of action in tort against the undertaking, associate, association or postal service provider, as the case may be. ]

F52 [ (1A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

(2) In this section, detriment includes

( a ) injury, damage or loss, or

( b ) intimidation or harassment, or

( c ) discrimination, disadvantage or adverse treatment in relation to a person s employment, or

( d ) a threat of reprisal. ]