Official Secrets Acts 1911 to 1939 warning sign in Foulness, Essex.
An Official Secrets Act (OSA) is legislation that provides for the protection of state secrets and official information, mainly related to national security. However, in its unrevised form (based on the UK Official Secrets Act 1911[1]), it can include all information held by government bodies.
There were earlier English and British precedents, long before the acts enumerated here. As early as the 16th Century, following Francis Drake's circumnavigation, Queen Elizabeth I declared that all written accounts of Drake's voyages were to become the "Queen's secrets of the Realm".[citation needed] In addition, Drake and the other participants of his voyages were sworn to their secrecy on the pain of death; the Queen intended to keep Drake's activities away from the eyes of rival Spain.
Countries and legislation
Australia
Australia previously had Part VII of the Crimes Act 1914 (Commonwealth), entitled Official Secrets and Unlawful Soundings, since repealed and replaced with Part 5.6 – Secrecy of Information of the Criminal Code Act (1995).[2][3]
Canada
The British Official Secrets Act 1889 (52 & 53 Vict. c. 52) was adopted in Canada with minor modifications in 1890. Its provisions became part of the Criminal Code in 1892. The Official Secrets Act (Canada) 1939 replaced the Criminal Code provisions and utilised the provisions of the British Official Secrets Acts 1911 and 1920. Amendments were made in 1950, 1967, 1970 and 1973. The Official Secrets Act (Canada) 1981 was the final version of that law adopted by the House of Commons.
Twenty-two prosecutions occurred under the Official Secrets Act in Canada, over half of which were in relation to the Gouzenko Affair. In 1989, Stephen Joseph Ratkai was charged and convicted under the Act, of espionage in relation to the SOSUS network site at Naval Station Argentia in Newfoundland.
Ireland has the Official Secrets Act 1963,[6] that repealed the previous British legislation of 1911 and 1920. The Official Secrets Act, as amended, applies to all civil servants and potentially anyone within the state. A suit may only be instigated at the approval of the Attorney General of Ireland, additionally proceedings may occur in camera but the verdict and any sentence must occur in public.[citation needed]
Malaysia has the Official Secrets Act 1972, prohibiting the collection, possession or distribution of information marked as an official secret – an action which can be made by any public officer. The certification of a document as an official secret is not subject to judicial review, and a violation of the act is punishable with between one and seven years' imprisonment. The act has been controversial for its use to silence dissent and stifling anti-corruption activities.[7]
In Singapore, the Official Secrets Act (Cap. 213, 2012 Rev. Ed.) prohibits the disclosure of official documents and information.[9][10]
The Act was first introduced to Singapore in 1935 as the Official Secrets Ordinance.[11] Section 5 of the Act prohibits the wrongful communication of information that is considered sensitive by the government.[12][13][14]
United Kingdom
The Official Secrets Acts (OSA) of the UK comprise several laws aimed at the protection of state secrets and the prevention of espionage. The key Acts are the Official Secrets Act 1889, 1911, 1920, 1939 and 1989.
Individuals working with sensitive information are often required to sign a statement affirming their agreement to adhere to the restrictions of the OSA, colloquially known as "signing the Official Secrets Act." However, signing this statement does not alter the legal obligations, as the Act is a law, not a contract, and its provisions apply irrespective of whether an individual has signed the statement. The signature serves primarily as a reminder of the obligations under the Act.
The now-repealed Naval Discipline Act 1957 also played a role in protecting sensitive information by making it an offence to spy on-board Royal Navy ships or overseas bases, punishable by life imprisonment, and previously a capital offence until 1981.
Recent developments and criticism
Jarvis provides a critical analysis of these Acts.[15] He highlights that the laws have been criticised for being outdated and not adequately addressing contemporary issues related to information technology and modern espionage. Jarvis points out the lack of a 'public interest' defence in the current legislation, which has been a significant point of contention among legal experts, media, and public advocacy groups.
According to Jarvis, the current framework allows the government to wield the OSA in a manner that can prevent politically embarrassing disclosures rather than purely safeguarding national security. This has led to calls for reform, including recommendations from the Law Commission to modernise the Acts, introduce clearer language, and incorporate provisions that balance state security with transparency and public interest.[16]
National Security Act 2023
In response to ongoing concerns and to address the evolving landscape of national security threats, the UK enacted the National Security Act 2023. This new legislation aims to modernise the country's approach to safeguarding official data and combating espionage, reflecting the recommendations put forth by the Law Commission and other stakeholders.
The National Security Act 2023 introduces several key features aimed at addressing contemporary security challenges. It modernises the language and definitions used in previous Official Secrets Acts, making them relevant to current threats and technologies. The Act expands the scope of espionage to include cyber threats and other modern tactics, ensuring comprehensive coverage of all potential security risks. Notably, it introduces a public interest defence for the first time, allowing individuals to argue that their disclosure was justified in the public interest, thereby protecting whistleblowers who expose government wrongdoing or illegal activities. Additionally, the Act imposes stricter penalties for breaches of national security, reflecting the gravity of these offences in today's context. To ensure accountability and transparency, an independent statutory commissioner is established to oversee investigations into alleged breaches of the Act.
↑ "Official Secrets Act covers more than just secret information: Experts". www.todayonline.com. 14 November 2017. OSA "covers more than just information that is secret", media law experts pointed out. "As long as the information in the latter category has one of the connecting factors mentioned, such as if it has been obtained by someone due to his position holding office under the Government, then it will be protected by the Act even if it is not secret,"
Christopher Moran, Classified: Secrecy and the State in Modern Britain (Cambridge: Cambridge University Press, 2012).
Related Research Articles
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.
Secrecy is the practice of hiding information from certain individuals or groups who do not have the "need to know", perhaps while sharing it with other individuals. That which is kept hidden is known as the secret.
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18 : 18 U.S.C. ch. 37.
Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to know. Mishandling of the material can incur criminal penalties.
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R v Aubrey, Berry and Campbell, better known as the ABC Trial, was a trial conducted in the United Kingdom in the 1970s, of three men for offences under the Official Secrets Act 1911. The men were two libertarian journalists of a similar political viewpoint as much of the Labour government, and a resigned GCHQ source seeking to heighten scrutiny of government-authorised wire-tapping and limit the work of the American espionage agency, the CIA, in Britain. These aims were furthered in the following two decades achieved through detailed parliamentary scrutiny into and regular reports as to the work of security services, a Freedom of Information Committee and regulation of wire-tapping. Aside from very limited reportage from the Central Criminal Court, its early analysis comes in the account of one of its investigative-journalist defendants, Duncan Campbell, in the annual journal Socialist Register.
The Official Secrets Act of 1923 is India's anti-espionage act held over from the British colonial period. It states clearly that actions which involve helping an enemy state against India are strongly condemned. It also states that one cannot approach, inspect, or even pass over a prohibited government site or area like an electrical substation. According to this Act, helping the enemy state can be in the form of communicating a sketch, plan, model of an official secret, or of official codes or passwords, to the enemy.
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The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Before 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
The Official Secrets Act 1911 was an Act of the Parliament of the United Kingdom. It replaced the Official Secrets Act 1889.
The Official Secrets Act 1989 is an Act of the Parliament of the United Kingdom that repeals and replaces section 2 of the Official Secrets Act 1911, thereby removing the public interest defence created by that section.
The Official Secrets Act 1972, is a statute in Malaysia prohibiting the dissemination of information classified as an official secret. The legislation is based on the Official Secrets Act of the United Kingdom. After criticism of the act for lacking clarity, it was amended in 1986.
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The Official Secrets Act 1920 was an Act of the Parliament of the United Kingdom.
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