Science Fair Project Encyclopedia
Official Secrets Act
- The phrase official secrets act may also be used to refer to statutes of a similar nature in other countries.
The Official Secrets Act is the name of several Acts of the United Kingdom Parliament for the protection of official information, mainly related to national security. The latest revision is Official Secrets Act 1989 (1989 chapter 6), repealing section 2 of Official Secrets Act 1911.
People working with secret information are commonly required to sign a statement to the effect that they agree to abide by the restrictions of the Official Secrets Act. This is popularly referred to as "signing the Official Secrets Act". Signing this has no effect on which actions are legal; it is intended more as a reminder to the person that they are under such obligations. To this end, it is common to sign this statement both before and after a period of employment that involves access to secrets.
Canada has similar legislation which is also titled the Official Secrets Act.
India
An Act to consolidate and amend the law relating to official secrets.
Whereas it is expedient that the law relating to official secrets be consolidated and amended; this Act extends to the whole of India and secret applies to servants of the Government and to citizens of India outside India.
THE OFFICIAL SECRETS ACT, 1923 is India’s anti-espionage act. It clearly states that any act which involves helping enemy state against the union of India. It also states that one cannot approach, inspect or even pass over a prohibited government site or area. According to this act, helping the enemy state can be in the form of a sketch, plan, model or even communicating official codes or passwords to the enemy. The disclosure of any information that is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States is punishable by this Act.
Punishments under this act extend up to fourteen years and in other cases to three years. A person prosecuted under this Act can be charged with the crime even if the act was unintentional and not intending to endanger the security of the state. The Act only empowers persons in positions of authority to handle official secrets and others who handle it in prohibited areas or outside them are liable for punishment.
In any proceedings against a person for an offence under this Act, the fact that he has been in communication with, or attempted to communicate with a foreign agent, whether within or without India is relevant and enough to necessitate prosecution. Journalists also have to help members of the police forces above the rank of the sub-Inspector and members of the Armed forces with investigation regarding an offence. This means that he may have to reveal his sources of information if that is demanded.
Under this Act, search warrants may be issued at any time if the magistrate feels that based on the evidence in front of him/her; there is enough danger to the security of the state. Many a times journalist’s offices and work areas have been raided and valuable documents have been confiscated in the guise of being a threat to the state.
Public may be excluded from court proceedings if the prosecutions feels that any information which is going to be passed on during the proceedings will be detrimental to he security of the state. This also includes media; so the journalists will not be allowed to cover that particular case.
When a company is seen as the offender under this Act, everyone involved with the management of the company including the board of directors can be liable for punishment. So in case of a newspaper everyone including the editor, publisher and the proprietor can be jailed for an offence.
In the Official Secrets Act clause 6, information under any governmental office is considered as official information. Not all information in governmental office mounts to the official information. It overrides right to information. If a person wants some information related to either government officer or any of the department, it is their right but if everything is considered official than what is the use of having right to information? Certain information is necessary for media to know to be balanced in its reporting. It violates right to information and gives privilege to government officer for not disclosing the information that may harm them.
Right to information clearly states that information can only be provided if it is not an official secret. Thence Official Secrets Act supersedes Right to Information Act in all respect. There is no exemption made in Right to Information, which will allow certain information that is non-classified and can be useful for people be made public whenever required. Without amending Official Secrets Act, Right to Information is futile.
Iftikhar Gilani Case
in June 2002, journalist Iftikhar Gilani was, according to the Indian government something akin to a spy, said to be keeping official secrets. The case of a journalist who, after over seven long months in Delhi’s notorious Tihar jail, with not even bail being given, is finally a free man. The police have withdrawn their main cases under the Official Secrets Act, with a case under the Obscenity Act added to it. The first military report suggested that the information with him was ‘secret.’ Nevertheless, the information was publicly available. The second military intelligence report blurted out the truth. There was no ‘official secret’. Even after this was made known, the government denied a military intelligence opinion and was on the verge of challenging it when contradictions came out in the open and were exposed in the press.
The military intelligence opinion showed there was a fabricated case of violation of the Official Secrets Act. The case was ultimately torn apart as the opinion clearly stated, “the information contained in the document is easily available” and “the documents carries no security classified information and the information seems to have been gathered from open sources.”
However as of today the case has been withdrawn. On 13th January 2003, the government had to shamefully withdraw its case against him to prevent itself from a rather piquant situation where two of its ministries would have given contradictory opinions. Gilani was released in January 2003 as there was no case against him.
Iftikhar Gilani’s case was a wakeup call for journalists. If Gilani could have been arrested under Official Secrets Act, it can happen to anybody. The Official Secrets Act can be a weapon used by the State to terrorise journalists. Government can misuse this act against citizens and journalists staying in small towns who are unaware of such draconian laws. From Iftikhar Gilani’s case, one thing is understood if government has stake they can punish any person with some information declaring that information as official secrets act. This act is in force from the days of British colonisation and since then the society and technology has changed drastically and for good too.
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