Page 265 - Law and the Media

15 Official Secrets

John Wadham

15.1 Introduction

Sections 1 and 2 of the Official Secrets Act (‘OSA’) 1911 were rushed through Parliament
in just one day, amidst the widespread public hysteria over national security that dominated
the period leading up to the First World War. It is perhaps not surprising, given the speed and
circumstances in which the Official Secrets Act found its way on to the statute books, that
both sections attracted a great deal of criticism over the years. In particular, Section 2 was
the focus of regular and damning attacks from judges, politicians and the media. In the 1970s
the Franks Committee recommended its abolition after three defendants were acquitted in a
case that became known as the ‘ABC’ case, involving the publication of an army document
in the Sunday Telegraph.

Recognizing the force of these attacks, the government published a White Paper in July 1988
setting out its proposals for the reform of Section 2. Based upon these proposals, the Official
Secrets Act 1989 received the Royal Assent some 10 months later, although Section 1 of the
1911 OSA remains in force.

Section 1 of the 1911 OSA provides for the offence of ‘espionage’. Section 2 of the 1989
OSA provides for offences relating to the specific disclosure of official information.

The restriction of freedom of expression by the OSA 1911 and the OSA 1989 is considered
to be justified in order to protect national security. However, it has been said that:

Inconvenient or embarrassing revelations, whether for the Security Services, or for
public authorities, should not be suppressed. Legal proceedings directed towards
the seizure of the working papers of an individual journalist, or the premises of a
newspaper or television programme publishing his or her reports, or the threat of
such proceedings, tends to inhibit discussion.
(R (on the application of Bright) v Central Criminal Court (2000))

The government also frequently brings actions for breach of confidence as an effective
alternative to a prosecution under the Official Secrets Acts. Breach of confidence is
considered at Chapter 6.