Page 272 - Law and the Media

Official Secrets
In this context, a disclosure is ‘damaging’ if it:

Damages the capability of the armed forces
Leads to loss of life or injury to members of the armed services
Leads to serious damage to the equipment or installations of the armed forces
Endangers the interests of the United Kingdom abroad
Relates to information that, if disclosed without authority, is likely to have any of
the above effects.

Information ‘related to defence’ is given a very wide definition, and includes the size,
development, operations and training of the armed forces, the development and production
of weapons and other equipment, military planning, and defence policy and strategy.

Again, it is a defence for the accused under Section 2 to prove that he did not know or have
reasonable cause to believe either that the information related to defence or that the
disclosure would be damaging.

Section 3: International relations
Like Section 2, Section 3 applies only to present or former Crown servants or government
contractors who make damaging disclosures. In this case, the protected material is any
information, document or other article either relating to international relations or which is
both confidential and was obtained from a foreign state or an international organization.

The disclosure will be ‘damaging’ if it:

Endangers the interests of the United Kingdom abroad
Seriously obstructs the promotion or protection by the United Kingdom of those
interests
Endangers the safety of British citizens abroad
Relates to information that, if disclosed without authority, would be likely to have
any of the above effects.

‘International relations’ is defined as the relations between states and/or international
organizations, and includes any matter concerning a foreign state or international
organization that is capable of affecting the United Kingdom’s foreign affairs.

Once again, the accused will escape liability upon proof that he neither knew nor had
reasonable cause to believe that the information was protected under this Section or that the
disclosure would be damaging.

Section 4: Crime and special investigation powers
Information of use to criminals and information about telephone-taps and other forms of
interception are covered by Section 4. The Section applies only to persons who are, or have
been, Crown servants or government contractors.
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