One of the earliest examples of a Code of Ethics is the Hippocratic Oath, although medical ethics has evolved beyond the Hippocratic Oath to cater for changes in attitude to what can and cannot be done "for the good of society".
Many organisations have a Code of Ethics which is not enforceable at law. This means that following such a code of ethics is voluntary, and the worst that may happen to offenders is their membership of the organisation is terminated. In organisations that are recognised by the State, there may be legislation through which violations of the Code of Ethics may result in at least loss of the right to practice the profession, and at most, a fine and/or jail sentence together with the revocation of the warrant or license.
A code of ethics is established as a first attempt to make a claim about the professionalism of a group of people who come together with a common goal. Unless the members of the group uphold the ethics of the group, then society will be unwilling to accept them. However, do not be fooled into believing that everything that has a Code of Ethics is necessarily a profession! The Ten Commandments in Christianity are about a way of life, and the way that practicing Christians should behave with respect to each other. The Mafia also have a Code of Honour, which is also about a way of life, and the way that practicing Mafiosi should behave with respect to each other. A Company can also have a Code of Ethics, usually called a Customer Charter (and Governments have Citizens Charters). These are effectively a form of social contract about the type of service that a client or customer can expect, but, importantly, the rights that receivers of these services can expect to have if the organisation fails to deliver.
Codes of Ethics, Charters, etc., are only as good as the members who uphold them. It is pointless declaring that "the client's interests are always put first" if it is patently untrue and the client has no remedy to acquire an improved service. A Code of Ethics is unlikely to provide remedies to every ethically questionable situation that arises, but there should be a Committee or a Commission which is able to sit and assess claims of unethical behaviour, and to be prepared to update the Code of Ethics. In particular, breaches of the Code of Ethics should be viewed as serious misconduct, and at the very least should be investigated by a Disciplinary Board.
British Computer Society (BCS), Computer Society of Malta (CSM), Association for Computing Machinery (ACM), Institute for Electrical and Electronics Engineers (IEEE), IEEE-CS/ACM Software Engineering Code of Ethics and Professional Practice, Chamber of Professional Engineers (Malta). The Chamber of Professional Engineers (Malta) is provided merely because BCS and IEEE-CS are affiliated to professional engineering bodies, and the CSM is affiliated to the BCS (and, consequently, to an engineering body).
In general, a code of ethics covers the relationship that a member has with society, with clients, with employers, and with other members of the profession. The code will also specify general principles, and may include a section on discipline.
| BCS | IEEE | CPE | CSM | ACM | SE | |
| Act in the public interest | x | x | x | x | x | x |
| Act in the best interest of the client/employer | x | - | x | x | x | x |
| Use best possible standards | x | ? | x | x | ?* | x |
| Maintain integrity and independence in professional judgement | x | x | x | x | x | x |
| Managers and leaders to subscribe to and promote Code of Ethics | - | - | x | - | x | x |
| Advance integrity and reputation of profession | x | x | x | x | x | x |
| Be fair to and supportive of colleagues | x | x | x | x | - | x |
| Participate in lifelong learning and promote Code of Ethics | x | x | x | x | x | x |
| Avoid harm to others | - | x | x | x | x | x |
| Honour property rights | x | x | x | x | x | x |
| Maintain confidentiality | x | x | x | x | x | x |
| Improve public understanding of discipline and its consequences | x | x | - | x | x | x |
| Breaches of the Code will be disciplined | x | - | x | - | x | - |
| Care for the environment | - | - | x | x | - | x |
| No soliciting for work | - | - | x | - | - | - |
| Do only what trained to do | x | x | x | x | - | x |
| Period of apprenticeship | - | - | x | - | - | x |
| Understand all legislation relevant to profession | x | - | x | x | - | x |
| Disclose promptly if employer/client insists on dangerous action | x | x | x | x | - | x |
Key:
BCS = British Computer Society
IEEE = Institute for Electrical and Electronics Engineers
CPE = Chamber of Professional Engineers (Malta)
CSM = Computer Society of Malta
ACM = Association for Computing Machinery
SE = IEEE-CS/ACM Software Engineering Code of Ethics and Professional
Practice
One noteworthy point to make about the Computer Society of Malta Code of Conduct (Ethics) is the statement that members must avoid any activity incompatible with professional status. IT and none of its disciplines are yet recognised as having a Professional Status in Malta, but including such statements in Codes of Ethics can have the undesirable effect of misleading the public, employers, and clients - which is itself an action in breach of the Code of Ethics!
Although certificates are a convenient way for potential employers to determine that an interviewee really has the skills that are claimed, not having a certificate is not sufficient proof that the interviewee does not have the required skills. It remains to be seen whether a company can discriminate against someone on the basis that they do not have a certificate in some technical area (note that this does not apply to formal educational qualifications, like 'O'- and 'A'-levels and university degrees, because these are recognised by the State). Certainly, the failure to have a (non-educational) certificate should not be used to block access to a job, unless there is legislation to support this.
A warrant, on the other hand, can be obtained only if the applicant is able to satisfy certain criteria. These criteria may be related to educational and non-educational qualifications and/or experience. The warrant can be used to block access to a job (or a profession), because at law it will be illegal to hire personnel to fulfil certain job functions, unless they are warranted to do so, and also illegal to perform those job functions except by a warrant holder. A warrant can create a strongly differentiated profession, but certificates, on their own, cannot do so.
We will shortly consider the ethics of a discipline which may not be licensable, especially as computer software plays increasingly important roles in controlling everyday devices. However, we will first look at the requirements needed to become an IEEE-CS Certified Software Development Professional. Certification requires passing an exam, but before one can even apply for the exam, a candidate must have a university degree and a proven track record of 9,000 hours of experience in at least 6 of the following 11 fields. (Assuming you work in Software Engineering for 40 hours per week, 50 weeks a year, it will take 4.5 years to satisfy the 9,000 hour requirement):
Once the prerequisites have been satisfied, a candidate may apply to sit for the exam. The exam itself consists of 180 multiple-choice questions. Upon successful completion of the exam, the candidate will be certified as a Certified Software Engineering Professional. The Certification is valid for 3 years. During this time, already certified professionals must acquire at least 30 "Professional Development Units" and pay a recertification fee. Professional Development Units are acquired by working in Software Engineering, publishing books and papers, self-study, active involvement in professional organisations, and involvement in the education and training of others (all in areas related to Software Engineering).
Attaining certification in software engineering is therefore an arduous process. Not only must professional software engineers be university graduates, but they must have considerable experience in software engineering (initially obtained during the practical equivalence of an apprenticeship), and must remain up-to-date on software engineering practices and contribute to the body of knowledge of software engineering to remain certified. However, certifying an individual's proficiency in a particular discipline must not be confused with limiting access to the profession by introducing a warrant or a license to practice. We must also not forget that software engineering is only a small part of computing. Regulating a sub-discipline of computing as though it were an Engineering Profession will create problems in the future as software engineering itself, and other disciplines of computing, mature.
A warrant or a license to practice a profession is granted to indicate to the general public, employers and clients that the State, through a professional organisation, recognises the competence of the warrant holder to act "professionally". This means that the warrant holder has at least the knowledge and skill to practice the profession and he or she will also behave professionally while practicing. The Code of Ethics is prepared by a professional organisation to guide its members. A Code of Ethics cannot provide guidelines for all types of activity, so members of a profession must be able to determine whether an action is likely to be ethical or not. In cases of doubt, the professional is expected to seek adive from a properly constituted Board within their organisation. Failure to provide this first line of support to members should cast doubt on the intentions of the professional organisation in the first place. Is it really interested in protecting the public, and ensuring that clients and employers are treated fairly? Or is the profession's main concern being seen to be interested?
The most relevant regulated profession in Malta is the Engineering Profession. This is regulated by the Engineering Profession Act. The State, through the Act, recognises the Engineering Board as the Designated Authority for the Profession, and recognises the Chamber of Professional Engineers as an association of warranted engineers. As long as as least two-thirds of all warranted engineers are members of the Chamber of Professional Engineers, the Chamber's Code of Ethics will be used to regulate the professional behaviour of warrant holders, in addition to the legistation in the Engineering Profession Act. Effectively, this means that the code of ethics will automatically become law as long as at least two-thirds of warranted engineers are members of the Chamber of Professional Engineers. The Act also provides that the Minister (responsible for infrastructure, and the Engineering Board itself) can amend the code of ethics or even withdraw recognition of it at any time. This apparent lack of complete autonomy, and the lack of a legal requirement for all warranted engineers to belong to the professional organisation seem to be in conflict with the basics of Professional Ethics, and the recognition of professions.
The Engineering Board is responsible for, among other things, considering applications for warrants; considering accusations of professional misconduct; withdrawing or suspending warrants; and, advising the Minister.
The legislation provides for the constitution of the Engineering Board and specifies its powers; regulates how "partnerships of engineers" may be formed and practice; that warranted engineers must insure themselves against indemnity; makes payments to secure a contract illegal; allows the warrant to be withdrawn if the holder is convicted of certain crimes, or professional misconduct; the penalties applicable if a warrant is procured illegally or if an unauthorised person impersonates an engineer.
The Act applies specifically to the fields of Electrical and Mechanical Engineering, although the Minister (or the Engineering Board) may extend its applicability to other fields of the Engineering profession.
Date last amended: Monday, 1st December, 2003