England: Law Commission’s ‘repressive’ proposals over secrecy laws condemned by media

In a 20-page document, the News Media Association has outlined the news media industry’s wide-ranging objections to the consultative proposals over changes to the Official Secrets Acts, the Data Protection Act and other legislation.

“The proposed new regime threatens to be both retrograde and repressive. It would extend and then entrench official secrecy. It would be conducive to official cover up. It would deter, prevent and punish investigation and disclosure of wrongdoing and matters of legitimate public interest,” the NMA said this week.

Highlighting a wide-ranging series of concerns, the NMA said the Law Commission’s consultative changes to the Official Secrets Acts would make it easier for the UK government to prosecute anyone involved in obtaining, gathering and disclosing information, even if no damage were caused, and irrespective of the public interest, creating a chilling effect on investigative journalism.

Contrary to the Law Commission’s proposals, the NMA strongly supports the introduction of an unqualified public interest defence open to all.

The NMA supports the introduction of an explicit, effective, statutory prior publication defence. It considers the Law Commission’s proposal is flawed since it suggests it would only apply if the information is already lawfully in the public domain and widely disseminated to the public.

Summing up its concerns, the NMA said: “The past pursuit of journalists and their sources under all these laws is well documented. The NMA has previously advocated reforms that would respect freedom of expression and enable public interest investigations and disclosures.

“Instead, the Law Commission, as charged by the Cabinet Office, proposes yet more efficient tools for government prosecution, criminal sanctions and suppression of public interest investigation and disclosures by the media. There is no evidence to justify new repressive criminal laws to protect official data.

“The NMA hopes that the Law Commission will reconsider its proposals as a result of the consultation. It is in any event vital that the new government - or any future government- does not seek to introduce such restrictive changes to the criminal law.”