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may be sufficient to establish for the purposes of subsection (2)(b) above that the information, document or article is such that its unauthorised disclosure would be likely to have any of the effects there mentioned.
(4) 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 was such as is mentioned in subsection (1) above or that its disclosure would be damaging within the meaning of that subsection.
(5) In this section "international relations" means the relations between States, between international organisations or between one or more States and one or more such organisations and includes any matter relating to a State other than the United Kingdom or to an international organisation which is capable of affecting the relations of the United Kingdom with another State or with an international organisation.
(6) For the purposes of this section any information, document or article obtained from a State or organisation is confidential at any time while the terms on which it was obtained require it to be held in confidence or while the circumstances in which it was obtained make it reasonable for the State or organisation to expect that it would be so held.
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.
Sub-s (1): Lawful authority. As to what amounts to lawful authority, see s 7 post. United Kingdom. See the note to s 2 ante.
Sub-s (2): British citizens. See the note to s 2 ante.
Likely. See the note to s 1 ante.
Sub-s (4): It is a defence, etc; know; reasonable cause to believe. See the notes to s 1 ante. Sub-s (6): Information ... is confidential at any time. See the comments in para 26 of the White Paper "Reform of Section 2 of the Official Secrets Act 1911" (Cm 408; June 1988), which note that “a growing amount of sensitive information is being shared with other governments, often through the medium of international organisations. At present, if such information is disclosed abroad, it is not an offence to publish it in this country. The Government believes that there is a gap in the law here which is liable to inhibit effective international co-operation. It accordingly proposes that, when information in these categories has been provided in confidence to another government or international organisation and has been improperly disclosed abroad, its further disclosure in this country should be treated in the same way as if the original disclosure had taken place in this country".
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; for “disclosure” and “international organisation", see s 13(1), post; and for “State”, see s 13(1), (3) post. Note as to "international relations”, sub-s (5) above, and as to “confidential”, sub-s (6) above.
4 Crime and special investigation powers
(1) A person who is or has been a Crown servant or government contractor is guilty of an offence it without lawful authority he discloses any information, document or other article to which this section applies and which is or has been in his possession by virtue of his position as such.
(2) This section applies to any information, document or other article-
(a) the disclosure of which—
(i) results in the commission of an offence; or
(ii) facilitates an escape from legal custody or the doing of any other act
prejudicial to the safekeeping of persons in legal custody; or
(iii) impedes the prevention or detection of offences or the apprehension or
prosecution of suspected offenders; or
(b) which is such that its unauthorised disclosure would be likely to have any of
those effects.
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