In the joint submission, RSF, English PEN, and Index on Censorship emphasise the importance of ensuring that official secrets legislation is fit for purpose. They argue that any reform must take account of the potential impact on legitimate activities pursued in the public interest, including the activities of investigative journalists and the sources upon whom they rely. They consider that the Law Commission’s provisional conclusions with respect to protection of public interest disclosures are inadequate and reject the proposal for a statutory commissioner as an ineffective mechanism for safeguarding the public interest.
The groups disagree with the Law Commission’s conclusion that the problems associated with the introduction of a statutory public interest defence outweigh the benefits and do not support the view that there are already sufficient existing safeguards for journalists. They submit that there should be no category of protected information created for sensitive economic information.
“The Law Commission’s proposal is nothing short of alarming, particularly when viewed in the context of a broader trend of worrying moves against press freedom in the UK over the past year, resulting in the UK dropping to a ranking of 40th out of 180 countries in RSF’s 2017 World Press Freedom Index. The prospect of journalists being labelled as ‘spies’ and facing the threat of serious jail time for simply doing their jobs in the public interest is outrageous. This proposal must be revised with respect for press freedom at its core,” said Rebecca Vincent, UK Bureau Director for RSF.
“This is an important opportunity to reform official secrets legislation and make it fit for the 21st century. Our response to the consultation demonstrates that it is both viable and necessary to include a public interest defence. Some of the most important news stories of the past seven years have been based on leaks of classified information that are squarely in the public interest and have resulted in critical public debate about foreign policy, privacy and freedom of expression. These laws go back to the Edwardian era and it’s vital that we now have legislation for our times,” said Jo Glanville, Director of English PEN.
"It makes sense to update outmoded laws but no sense whatsoever to update them in such a way that they undermine the very liberties and freedoms on which our rule of law is based. The proposals laid out by the Law Commission threaten free expression and in particular a free media in the UK and should not be implemented in their current form,” said Jodie Ginsberg, CEO of Index on Censorship.