New proposals would criminalise leaks of information available under FOI

Proposals to extend the reach of the Official Secrets Act 1989 would “threaten journalists and whistleblowers”, the Campaign for Freedom of Information (CFOI) and Article 19 have warned.

In a joint response to a Law Commission consultation on stronger espionage laws, the groups said the commission’s proposals would unbalance the relationship between the OSA and the Freedom of Information Act.

They claim it would become an offence to make an unauthorised disclosure about defence, international relations and law enforcement even though that information would be available on request under FOI.

It would also not be a defence to show that the information had already lawfully been made public under the FOI Act or otherwise

Maurice Frankel, CFOI director (pictured), said: “These proposals are not only oppressive but unworkable. It is beyond common sense to make it an official secrets offence to leak information which anyone could obtain under FOI.

“The proposals would deter officials from discussing information that has lawfully been made public. It will set the FOI Act and the Official Secrets Act on a collision course. It is not the Law Commission’s job to make an ass of the law but that’s what its proposals would do.”

Thomas Hughes, Article 19 executive director, said: “The Law Commission’s proposals would move the clock backwards, undoing improvements in the UK’s 1989 Official Secrets Acts, and setting a dangerous example of eroding freedom of expression protections, which may be copied by oppressive regimes globally.”