Public interest defence

Last updated

A public interest defence is a defence in law that allows a defendant who disclosed classified or protected information to avoid criminal or civil liability by establishing that the public interest in disclosure of the information outweighs the public interest in nondisclosure.

Contents

In the context of secrecy laws, it may permit a whistleblower to disclose government misconduct.

In the context of journalism, publication of a story that the journalist reasonably believes to be true "having regard for all the circumstances", even if subsequently found to be untrue, is protected against action for defamation in UK law. [1]

In the United Kingdom, the Defamation Act 2013 provides a public interest defence.

Official secrets

The inclusion of the defence was a subject of debate in the legislative process of the Official Secrets Act 1989 of the United Kingdom. The defence was not included in the final Act. The defence was also absent in secrecy laws in other countries that were based on the Act.

In Australia, the Public Interest Disclosure Act 2013 "provides a means to report suspected misconduct by public officials", setting out how such a disclosure must be done to qualify for protection. [2]

Canada has reformed its secrecy laws in 2001 by adding the defence in its Security of Information Act. However, its application is limited to situations in which the defendant has followed a series of steps set out in the legislation before making the disclosure, and the person's purpose in making the disclosure is to reveal an offence committed by another person in their official duties.

The inclusion of the defence has been a subject of debate in Hong Kong in 2003 during its legislative process to implement Article 23 of the Basic Law in the media in Hong Kong.

The US does not have a public interest defence. Edward Snowden, a NSA contractor who leaked classified documents in the public interest, said he will return to the US and stand trial if he is allowed a public interest defence. [3] Snowden has been living abroad since 2013.

Related Research Articles

Defamation is the act of communicating to a third party false statements about a person, place, or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions.

A whistleblower is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whistleblowers can use a variety of internal or external channels to communicate information or allegations. Over 83% of whistleblowers report internally to a supervisor, human resources, compliance, or a neutral third party within the company, hoping that the company will address and correct the issues. A whistleblower can also bring allegations to light by communicating with external entities, such as the media, government, or law enforcement. Whistleblowing can occur in either the private sector or the public sector.

Strategic lawsuits against public participation, or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

<span class="mw-page-title-main">Espionage Act of 1917</span> United States federal law

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. Specifically, it is 18 U.S.C. ch. 37

<span class="mw-page-title-main">Classified information</span> Material that government claims requires confidentiality

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, and mishandling of the material can incur criminal penalties.

<i>ABC trial</i> 1978 United Kingdom criminal trial

The ABC Trial was a United Kingdom trial conducted in the 1970s, of three men for offences under Section 2 and of one of these men, a scholarly journalist, for an offence under Section 1 of 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.

<span class="mw-page-title-main">Freedom of Information Act (United States)</span> 1967 US statute regarding access to information held by the US government

The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.

United States v. Reynolds, 345 U.S. 1 (1953), is a landmark legal case decided in 1953, which saw the formal recognition of the state secrets privilege, a judicially recognized extension of presidential power. The US Supreme Court confirmed that "the privilege against revealing military secrets ... is well established in the law of evidence".

<span class="mw-page-title-main">Official Secrets Act 1989</span> United Kingdom intelligence law

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.

<span class="mw-page-title-main">Canadian defamation law</span> Commonwealth jurisdictions

Canadian defamation law refers to defamation law as it stands in both common law and civil law jurisdictions in Canada. As with most Commonwealth jurisdictions, Canada follows English law on defamation issues.

<span class="mw-page-title-main">Hong Kong–United States relations</span> Bilateral relations

Hong Kong–United States relations are bilateral relations between Hong Kong and the United States.

<span class="mw-page-title-main">Classified Information Procedures Act</span>

The Classified Information Procedures Act or CIPA is codified as the third appendix to Title 18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation is 18 U.S.C. App. III. Sections 1-16.

<span class="mw-page-title-main">Protection of State Information Bill</span>

The South African Protection of State Information Bill, formerly named the Protection of Information Bill and commonly referred to as the Secrecy Bill, is a highly controversial piece of proposed legislation which aims to regulate the, protection and dissemination of state information, weighing state interests up against transparency and freedom of expression. It will replace the Protection of State Information Act, 1982, which currently regulates these issues.

<span class="mw-page-title-main">Edward Snowden</span> American whistleblower and former NSA contractor (born 1983)

Edward Joseph Snowden is an American and naturalized Russian former computer intelligence consultant and whistleblower who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and subcontractor. His disclosures revealed numerous global surveillance programs, many run by the NSA and the Five Eyes intelligence alliance with the cooperation of telecommunication companies and European governments and prompted a cultural discussion about national security and individual privacy.

<span class="mw-page-title-main">Reactions to global surveillance disclosures</span>

The global surveillance disclosure released to media by Edward Snowden has caused tension in the bilateral relations of the United States with several of its allies and economic partners as well as in its relationship with the European Union. In August 2013, U.S. President Barack Obama announced the creation of "a review group on intelligence and communications technologies" that would brief and later report to him. In December, the task force issued 46 recommendations that, if adopted, would subject the National Security Agency (NSA) to additional scrutiny by the courts, Congress, and the president, and would strip the NSA of the authority to infiltrate American computer systems using "backdoors" in hardware or software. Geoffrey R. Stone, a White House panel member, said there was no evidence that the bulk collection of phone data had stopped any terror attacks.

Commentary on Edward Snowden's disclosure is part of the reactions to global surveillance disclosures made by Edward Snowden.

<i>Citizenfour</i> 2014 film

Citizenfour is a 2014 documentary film directed by Laura Poitras, concerning Edward Snowden and the NSA spying scandal. The film had its US premiere on October 10, 2014, at the New York Film Festival and its UK premiere on October 17, 2014, at the BFI London Film Festival. The film features Snowden and Glenn Greenwald, and was co-produced by Poitras, Mathilde Bonnefoy, and Dirk Wilutzky, with Steven Soderbergh and others serving as executive producers. Citizenfour received critical acclaim upon release, and was the recipient of numerous accolades, including Best Documentary Feature at the 87th Academy Awards. This film is the third part to a 9/11 trilogy following My Country, My Country (2006) and The Oath (2010).

Ben Wizner is an American lawyer, writer, and civil liberties advocate with the American Civil Liberties Union. Since July 2013, he has been the lead attorney of NSA whistleblower Edward Snowden.

<i>Permanent Record</i> (autobiography) Book by Edward Snowden

Permanent Record is a 2019 autobiography by Edward Snowden, whose revelations sparked a global debate about surveillance. It was published on September 17, 2019, by Metropolitan Books, an imprint of Henry Holt and Company. The book describes Snowden's childhood as well as his tenure at the Central Intelligence Agency and National Security Agency and his motivations for the leaking of highly classified information in 2013 that revealed global surveillance programs. Snowden also discusses his views on authoritarianism, democracy, and privacy. The writer Joshua Cohen is credited by Snowden for "helping to transform my rambling reminiscences and capsule manifestoes into a book."

The German Law on the Protection of Trade Secrets, or Trade Secrets Law in short, serves to protect business secrets against unauthorized acquisition, use, and disclosure. The law implements the Directive (EU) 2016/943 on the Protection of Trade Secrets in German law. It replaces the right to secrecy, which was previously regulated in §§ 17-19 of the Act Against Unfair Competition.

References

  1. Jennings, Daniel (14 June 2022). "Arron Banks loses libel claim it is in the public interest for defamatory statements about him to be published". Shakespeare Martineau. Retrieved 19 May 2023.
  2. "Public Interest Disclosure". Government of Australia, Defence. Retrieved 21 May 2023.
  3. Zapotosky, Matt (17 September 2019). "Justice Dept. sues for proceeds from Edward Snowden's book" . Retrieved 17 September 2019.

See also