A public interest defence is a defence in law that allows a

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...

who disclosed classified or protected information to avoid criminal or civil liability by establishing that the public interest in disclosure of the information outweighs the public interest in nondisclosure. In the context of secrecy laws, it may permit a

whistleblower 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 ...

to disclose government misconduct. In the context of journalism, publication of a story that the journalist reasonably believes to be true "having regard for all the circumstances", even if subsequently found to be untrue, is protected against action for

defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

in UK law. In 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 ...

, the

Defamation Act 2013 The Defamation Act 2013 (c 26) is an Act of the Parliament of the United Kingdom, which changed English defamation law on issues of the right to freedom of expression and the protection of reputation. It also comprised a response to perception ...

provides a public interest defence.

Official secrets

The inclusion of the defence was a subject of debate in the legislative process of the

Official Secrets Act 1989 The Official Secrets Act 1989 (c. 6) is an Act of the Parliament of the United Kingdom that repeals and replaces section 2 of the Official Secrets Act 1911, thereby removing the public interest defence created by that section. Lord Bingham ...

of the

. The defence was not included in the final Act. The defence was also absent in secrecy laws in other countries that were based on the Act. In

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 ...

, the Public Interest Disclosure Act 2013 "provides a means to report suspected misconduct by public officials", setting out how such a disclosure must be done to qualify for protection.

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 ...

has reformed its secrecy laws in 2001 by adding the defence in its

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 ...

. However, its application is limited to situations in which the

has followed a series of steps set out in the legislation before making the disclosure, and the person's purpose in making the disclosure is to reveal an offence committed by another person in their official duties. The inclusion of the defence has been a subject of debate in

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 ...

in 2003 during its legislative process to implement

Article 23 of the Basic Law Article 23 is an article of the Hong Kong Basic Law. It states that Hong Kong "shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to pr ...

in the

media in Hong Kong Hong Kong's media consists of several different types of communications of mass media: television, radio, cinema, newspapers, magazines, websites and other online platforms. Overview Hong Kong is home to many of Asia's biggest media entities ...

. The US does not have a public interest defence.

Edward Snowden Edward Joseph Snowden (born June 21, 1983) is a former National Security Agency (NSA) intelligence contractor and whistleblower who leaked classified documents revealing the existence of global surveillance programs. Born in 1983 in Elizabeth ...

, a

NSA The National Security Agency (NSA) is an intelligence agency of the United States Department of Defense, under the authority of the director of national intelligence (DNI). The NSA is responsible for global monitoring, collection, and proces ...

contractor who leaked classified documents in the public interest, said he will return to the US and stand trial if he is allowed a public interest defence. Snowden has been living abroad since 2013.

References

{{Reflist

External links

HKSAR Government's view on the public interest defence

34 Legal Stud. 76 (2014) ''Pre-Empting Conflict - A Re-Examination of the Public Interest Defence in UK Copyright Law''

Defamation Act 2013: Section 4: Publication on matter of public interest (Explanatory notes)
Criminal defenses Canadian criminal law Criminal law of the United Kingdom Interest defence

Official secrets

See also

References

External links