An Official Secrets Act (OSA) is legislation that provides for the protection of state secrets and official information, mainly related to

national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...

. However, in its unrevised form (based on the UK Official Secrets Act 1911), it can include all information held by government bodies. OSAs are currently in-force in over 40 countries (mostly former

British colonies A Crown colony or royal colony was a colony governed by England, and then Great Britain or the United Kingdom within the English and later British Empire. There was usually a governor to represent the Crown, appointed by the British monarch on ...

) including

Bangladesh Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...

Kenya Kenya, officially the Republic of Kenya, is a country located in East Africa. With an estimated population of more than 52.4 million as of mid-2024, Kenya is the 27th-most-populous country in the world and the 7th most populous in Africa. ...

Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...

Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...

Myanmar Myanmar, officially the Republic of the Union of Myanmar; and also referred to as Burma (the official English name until 1989), is a country in northwest Southeast Asia. It is the largest country by area in Mainland Southeast Asia and has ...

Uganda Uganda, officially the Republic of Uganda, is a landlocked country in East Africa. It is bordered to the east by Kenya, to the north by South Sudan, to the west by the Democratic Republic of the Congo, to the south-west by Rwanda, and to the ...

Malaysia Malaysia is a country in Southeast Asia. Featuring the Tanjung Piai, southernmost point of continental Eurasia, it is a federation, federal constitutional monarchy consisting of States and federal territories of Malaysia, 13 states and thre ...

Singapore Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...

and the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

, and have previously existed in

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

and

New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...

. There were earlier English and British precedents, long before the acts enumerated here. As early as the

16th Century The 16th century began with the Julian calendar, Julian year 1501 (represented by the Roman numerals MDI) and ended with either the Julian or the Gregorian calendar, Gregorian year 1600 (MDC), depending on the reckoning used (the Gregorian calend ...

, following Francis Drake's circumnavigation,

Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. She was the last and longest reigning monarch of the House of Tudor. Her eventful reign, and its effect on history ...

declared that all written accounts of Drake's voyages were to become the "Queen's secrets of the Realm". In addition, Drake and the other participants of his voyages were sworn to their secrecy on the pain of death; the Queen intended to keep Drake's activities away from the eyes of rival Spain.

Countries and legislation

Australia

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

previously had Part VII of the

Crimes Act 1914 The ''Crimes Act 1914'' (Cth) is an Act of the Parliament of Australia which addresses the most serious federal offences — that is, crimes against the Commonwealth. It was the first major federal criminal law since the Federation of Austral ...

(Commonwealth), entitled ''Official Secrets and Unlawful Soundings'', since repealed and replaced with Part 5.6 – Secrecy of Information of the Criminal Code Act (1995).

Canada

The British Official Secrets Act 1889 (52 & 53 Vict. c. 52) was adopted in

with minor modifications in 1890. Its provisions became part of the

Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

in 1892. The '' Official Secrets Act (Canada) 1939'' replaced the Criminal Code provisions and utilised the provisions of the British Official Secrets Acts 1911 and 1920. Amendments were made in 1950, 1967, 1970 and 1973. The '' Official Secrets Act (Canada) 1981'' was the final version of that law adopted by the House of Commons. In 2001, the Act was repealed and replaced by the ''

Security of Information Act The ''Security of Information Act'' (, R.S.C. 1985, c. O-5), formerly known as the ''Official Secrets Act'', is an Act of the Parliament of Canada that addresses national security concerns, including threats of espionage by foreign powers and L ...

'', created in the wake of

September 11, 2001 attacks The September 11 attacks, also known as 9/11, were four coordinated Islamist terrorist suicide attacks by al-Qaeda against the United States in 2001. Nineteen terrorists hijacked four commercial airliners, crashing the first two into ...

to replace the vaguely-worded Official Secrets Act. Twenty-two prosecutions occurred under the ''Official Secrets Act'' in Canada, over half of which were in relation to the Gouzenko Affair. In 1989, Stephen Joseph Ratkai was charged and convicted under the Act, of espionage in relation to the

SOSUS Sound Surveillance System (SOSUS) was the original name for a submarine detection system based on passive sonar developed by the United States Navy to track Soviet Navy, Soviet submarines. The system's true nature was classified with the name a ...

network site at

Naval Station Argentia Naval Station Argentia is a former base of the United States Navy that operated from 1941 to 1994. It was established in the community of Argentia in the Dominion of Newfoundland, which later became the tenth Canadian province, Newfoundland and ...

Newfoundland Newfoundland and Labrador is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region of Labrador, having a total size of . As of 2025 the population ...

Hong Kong

has the Official Secrets Ordinance 1997 (Cap. 521), in which it is largely based on the British Official Secrets Acts 1911 to 1989.

India

Ireland

has the Official Secrets Act 1963, that repealed the previous British legislation of 1911 and 1920. The Official Secrets Act, as amended, applies to all

civil servants The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service offic ...

and potentially anyone within the state. A suit may only be instigated at the approval of the Attorney General of Ireland, additionally proceedings may occur

in camera ''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process wh ...

but the verdict and any sentence must occur in public.

Jersey

Jersey Jersey ( ; ), officially the Bailiwick of Jersey, is an autonomous and self-governing island territory of the British Islands. Although as a British Crown Dependency it is not a sovereign state, it has its own distinguishing civil and gov ...

has the Official Secrets (Jersey) Law 1952.

Malaysia

has the Official Secrets Act 1972, prohibiting the collection, possession or distribution of information marked as an official secret – an action which can be made by any public officer. The certification of a document as an official secret is not subject to

judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...

, and a violation of the act is punishable with between one and seven years' imprisonment. The act has been controversial for its use to silence dissent and stifling anti-corruption activities.

New Zealand

, the Official Secrets Act 1951 was repealed by the Official Information Act 1982.

Pakistan

Singapore

, the Official Secrets Act (Cap. 213, 2012 Rev. Ed.) prohibits the disclosure of official documents and information. The Act was first introduced to Singapore in 1935 as the Official Secrets Ordinance. Section 5 of the Act prohibits the wrongful communication of information that is considered sensitive by the government.

United Kingdom

The Official Secrets Acts (OSA) of the UK comprise several laws aimed at the protection of state secrets and the prevention of

espionage Espionage, spying, or intelligence gathering, as a subfield of the intelligence field, is the act of obtaining secret or confidential information ( intelligence). A person who commits espionage on a mission-specific contract is called an ...

. The key Acts are the Official Secrets Act 1889,

1911 Events January * January 1 – A decade after federation, the Northern Territory and the Australian Capital Territory are added to the Commonwealth of Australia. * January 3 ** 1911 Kebin earthquake: An earthquake of 7.7 m ...

1920 Events January * January 1 ** Polish–Soviet War: The Russian Red Army increases its troops along the Polish border from 4 divisions to 20. ** Kauniainen in Finland, completely surrounded by the city of Espoo, secedes from Espoo as its ow ...

1939 This year also marks the start of the World War II, Second World War, the largest and deadliest conflict in human history. Events Events related to World War II have a "WWII" prefix. January * January 1 ** Coming into effect in Nazi Ger ...

and

1989 1989 was a turning point in political history with the "Revolutions of 1989" which ended communism in Eastern Bloc of Europe, starting in Poland and Hungary, with experiments in power-sharing coming to a head with the opening of the Berlin W ...

. Individuals working with sensitive information are often required to sign a statement affirming their agreement to adhere to the restrictions of the OSA, colloquially known as "signing the Official Secrets Act". However, signing this statement does not alter the legal obligations, as the Act is a

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, not a

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

, and its provisions apply irrespective of whether an individual has signed the statement. The signature serves primarily as a reminder of the obligations under the Act. The now-repealed

Naval Discipline Act 1957 The Naval Discipline Act 1957 ( 5 & 6 Eliz. 2. c. 53) was an Act of the Parliament of the United Kingdom governing discipline in the Royal Navy. It governed courts-martial and criminal penalties for crimes committed by officers and ratings of ...

also played a role in protecting sensitive information by making it an offence to spy on-board

Royal Navy The Royal Navy (RN) is the naval warfare force of the United Kingdom. It is a component of His Majesty's Naval Service, and its officers hold their commissions from the King of the United Kingdom, King. Although warships were used by Kingdom ...

ships or overseas bases, punishable by life imprisonment, and previously a capital offence until 1981.

Recent developments and criticism

Jarvis provides a critical analysis of these Acts. He highlights that the laws have been criticised for being outdated and not adequately addressing contemporary issues related to information technology and modern espionage. Jarvis points out the lack of a 'public interest' defence in the current legislation, which has been a significant point of contention among legal experts, media, and public advocacy groups. According to Jarvis, the current framework allows the government to wield the OSA in a manner that can prevent politically embarrassing disclosures rather than purely safeguarding national security. This has led to calls for reform, including recommendations from the

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

to modernise the Acts, introduce clearer language, and incorporate provisions that balance state security with transparency and

public interest In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...

National Security Act 2023

In response to ongoing concerns and to address the evolving landscape of national security threats, the UK enacted the National Security Act 2023. This new legislation aims to modernise the country's approach to safeguarding official data and combating

, reflecting the recommendations put forth by the

and other stakeholders. The National Security Act 2023 introduces several key features aimed at addressing contemporary security challenges. It modernises the language and definitions used in previous Official Secrets Acts, making them relevant to current threats and technologies. The Act expands the scope of espionage to include cyber threats and other modern tactics, ensuring comprehensive coverage of all potential security risks. Notably, it introduces a public interest defence for the first time, allowing individuals to argue that their disclosure was justified in the public interest, thereby protecting

whistleblowers Whistleblowing (also whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, unethical or ...

who expose government wrongdoing or illegal activities. Additionally, the Act imposes stricter penalties for breaches of national security, reflecting the gravity of these offences in today's context. To ensure

accountability In ethics and governance, accountability is equated with answerability, culpability, liability, and the expectation of account-giving. As in an aspect of governance, it has been central to discussions related to problems in the public secto ...

and transparency, an independent statutory commissioner is established to oversee investigations into alleged breaches of the Act.

United States

The

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

does not have a broad-reaching Official Secrets Act, although the

Espionage Act of 1917 The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code ( ...

has similar components. Much of the Espionage Act remains in force, although some has been struck down by the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

unconstitutional In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...

because of the

First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...

(see ''

United States v. The Progressive ''United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland'', 467 F. Supp. 990 ( W.D. Wis. 1979), was a lawsuit brought against ''The Progressive'' magazine by the United States Department of Energy (DOE) ...

'', '' Brandenburg v. Ohio'', '' New York Times Co. v. United States''). , enacted in 1951, makes dissemination of secret information involving

cryptography Cryptography, or cryptology (from "hidden, secret"; and ''graphein'', "to write", or ''-logy, -logia'', "study", respectively), is the practice and study of techniques for secure communication in the presence of Adversary (cryptography), ...

, and

surveillance Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as ...

illegal for all people, and is thus an "official secrets act" limited to those subjects.

Notes and references

External links

Troubled history of Official Secrets Act
''

BBC News Online BBC News Online is the website of BBC News, the division of the BBC responsible for newsgathering and production. It is one of the most popular news websites, with 1.2 billion website visits in April 2021, as well as being used by 60% of the U ...

''
Canada's Security of Information Act
{{Webarchive, url=https://web.archive.org/web/20051130222729/http://laws.justice.gc.ca/en/O-5/101934.html , date=30 November 2005 * Christopher Moran, ''Classified: Secrecy and the State in Modern Britain'' (Cambridge: Cambridge University Press, 2012). National security policies Classified information Classified information in the United Kingdom Acts of the Parliament of the United Kingdom English criminal law __FORCETOC__