OFFICIAL SECRETS ACT 1989 s 3 1349
of the United Kingdom abroad, seriously obstructs the promotion or protection by the United Kingdom of those interests or endangers the safety of British citizens abroad; or
(c) it is of information or of a document or article which is such that its
unauthorised disclosure would be likely to have any of those effects.
(3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he did not know, and had no reasonable cause to believe, that the information, document or article in question related to defence or that its disclosure would be damaging within the meaning of subsection (1) above.
(4) In this section "defence” means-
(a) the size, shape, organisation, logistics, order of battle, deployment, operations,
state of readiness and training of the armed forces of the Crown;
(b) the weapons, stores or other equipment of those forces and the invention, development, production and operation of such equipment and research relating to it;
(c) defence policy and strategy and military planning and intelligence;
(d) plans and measures for the maintenance of essential supplies and services that
are or would be needed in time of war.
NOTES
Commencement. Up to 1 May 1989 no order had been made under s 16(6) post bringing this section
into force.
General Note. See the General Note to s 1 ante.
Lawful authority. As to what amounts to lawful authority, see s 7 post.
United Kingdom. Ie Great Britain and Northern Ireland; see the Interpretation Act 1978, s 5, Sch 1, Vol 41, title Statutes.
British citizens. As to British citizenship, see the British Nationality Act 1981, Pt 1, s 36, Sch 2, paras 2-5, Vol 31, title Nationality and Immigration.
Likely; It is a defence, etc; know; reasonable cause to believe. See the notes to s 1 ante. Further provisions. See the note to s 1 ante.
Definitions. For "Crown servant", see s 12(1) post; for “government contractor”, see s 12(2) post; and for “disclosure", see s 13(1) post. Note, as to “defence”, sub-s (4) above.
3 International relations
(1) A person who is or has been a Crown servant or government contractor is guilty of an offence if without lawful authority he makes a damaging disclosure of—
(a) any information, document or other article relating to international relations;
or
(b) any confidential information, document or other article which was obtained from a State other than the United Kingdom or an international organisation, being information or a document or article which is or has been in his possession by virtue of his position as a Crown servant or government contractor.
(2) For the purposes of subsection (1) above a disclosure is damaging if-
(a) it endangers the interests of the United Kingdom abroad, seriously obstructs the promotion or protection by the United Kingdom of those interests or endangers the safety of British citizens abroad; or
(b) it is of information or of a document or article which is such that its
unauthorised disclosure would be likely to have any of those effects.
(3) In the case of information or a document or article within subsection (1)(b) above-
(a) the fact that it is confidential, or
(b) its nature or contents,