official secrets act

Question 1

what case did official secrets come from

Answer 1

mavern

Question 2

what does section 1 look at + case

Answer 2

covers security and intelligence, all members have a lifelong duty to keep the secrets
R V Shayler (2002). In this case, Shayler was a former member of the security service and had leaked multiple documents he had gained to a newspaper, he was found guilty under the Official Secrets Act 1986 and his breach of Section 1.
1 ( 4) has the harm test- looks at whether it causes harm

Question 3

what does section 2 look at + case

Answer 3

section 2 (4) (d) specifically looks at “plans and measures for the maintenance of essential supplies and services”
covers info related to defence
production and operation of weapons
military staratagy
plans for war
r v ponting -Ponting leaked documents to the media. These documents contained secrets about a ship that was sunk during the Falkland’s war and the truth of it. Despite the judge attempting to sway the jury to produce a guilty verdict they found him not guilty as they sympathised and agreed he did the right thing.

Question 4

what does section 5 do

Answer 4

makes it an offence for the media to publish info they know is a secret

Question 5

what does section 3 do

Answer 5

covers international relations, also uses the harm test, covers secrets given to foreign country’s or international organisation

Question 6

what does section 4

Answer 6

covers info gained using interception or security services no harm test

Question 7

defences

Answer 7

• no public interest defence- r v Shayler
• if they didn’t know it was a secret
• believed it was lawful
• or had no reason ton believe it would cause harm