
27
Mar 2020
Lvl. 2
State replied
Alert created on: 14 Feb 2017
n° 16/2017
United Kingdom
Proposal Set To Increase Prison Sentences For Leaking Official Documents
Source of threatState
CategoryOther acts having chilling effects on media freedom
On 2 February 2017, the UK Law Commission responded to a government request for draft recommendations to overhaul and update the Official Secrets Act by submitting proposals which could lead to journalists and whistleblowers being jailed up to 14 years, instead of up to two years as at present, for leaking official documents.
The major overhaul of the Official Secrets Act – to be replaced by an updated Espionage Act – would give courts the power to increase jail terms against journalists for “obtaining sensitive information”, as well as “passing it on”.
The Law Commission, which was set up by parliament to review legislation and make recommendations for reforms, also proposed that the scope of the law should be expanded to include offences committed by people other than British nationals.
The public can respond and make comments on the recommendations until 3 April.
The National Union of Journalists' (NUJ) General secretary Michelle Stanistreet denounced the attempt by the UK government to curtail the media.
The major overhaul of the Official Secrets Act – to be replaced by an updated Espionage Act – would give courts the power to increase jail terms against journalists for “obtaining sensitive information”, as well as “passing it on”.
The Law Commission, which was set up by parliament to review legislation and make recommendations for reforms, also proposed that the scope of the law should be expanded to include offences committed by people other than British nationals.
The public can respond and make comments on the recommendations until 3 April.
The National Union of Journalists' (NUJ) General secretary Michelle Stanistreet denounced the attempt by the UK government to curtail the media.
Updates
01 Dec 2017
On 24 November 2017, the Law Commission confirmed that, as replies to the open public consultation were being analysed, proposals to reform and rewrite the Official Secrets Acts were postponed until September 2018.
15 May 2017
On 1 March 2017, a motion tabled by Member of Parliament Helen Goodman (Labour) expressed concerns with the Law Commission’s recommendations, noting the vital importance of whistleblowers for democracy, press freedom and the well-being of the public.
10 Feb 2017
On 2 February 2017, the Law Commission published a consultation paper suggesting ways to improve the law on the ‘Protection of Official Data’, thus opening a public consultation until 3 May 2017.
Additional Information
- IPI statement : "IPI faults UK proposal to jail recipients of leaked info"
- Statement from RSF: "RSF alarmed by UK proposal to jail journalists as ‘spies’ for obtaining leaks"
- Statement from the National Council for Civil Liberties (Liberty): "Planned Espionage Act would 'silence whistle-blowers and gag our press' "
- Law Commission Consultation Paper on Protection of Official Data
- National Union of Journalists' press release : "NUJ will robustly defend the latest attempt to curtail press freedom"
- Statement from the EFJ: "Journalists might face up to 14 years in jail in the UK "
- Report published on the Mapping Media Freedom platform: "UK: Proposal set to increase prison sentence for journalists obtaining leaked documents "
State replies
Reply from the United Kingdom authorities