Analysis: The gravity of breaching official secrets

By
Dr Farrukh Saleem
A representational image of a top-secret seal.
A representational image of a top-secret seal. 

Here’s a partial list of countries that have the Official Secrets Act or similar legislation: United Kingdom, India, Canada, Singapore, Australia, United States, Malaysia, South Africa, New Zealand, Sri Lanka, Bangladesh, Ireland, Kenya, Nigeria, Egypt, Saudi Arabia, Israel, Iran, China, Russia, Japan, South Korea, Turkey, Brazil, Argentina, France, Germany, Italy, Spain, Mexico, Indonesia, Philippines, Thailand, Vietnam, Sweden, Norway, Denmark, Belgium and the Netherlands.

The “Official Secrets Act” is a type of legislation that exists in many countries to protect sensitive government information, maintain national security, and safeguard various state interests.

The act typically criminalises the unauthorised disclosure of classified or confidential information that is held by government officials or agencies.

Here are four reasons why violating official secrets is an unequivocal affront to national security and trust:

One — the violation of the Official Secrets Act poses a direct threat to national security by potentially exposing sensitive information that can be exploited by adversaries, endangering the safety of citizens, military operations and critical infrastructure.

Two — the violation of the Official Secrets Act often holds strategic importance, influencing diplomatic relations and military strategies.

Three — violating official secrets erodes the trust within government institutions, between colleagues and with foreign allies who share confidential information. This breach of trust can have lasting repercussions, impeding effective communication and cooperation.

Four — the unauthorised exposure of confidential details can directly jeopardize the safety of agents, soldiers and civilians involved. Lives can be put at risk due to reckless disclosures.

A violation of the Official Secrets Act undermines the very fabric of our safeguarded information, imperiling both lives and strategic interests. Such actions demonstrate a reckless disregard for the consequences and an utter disrespect for the principles that uphold our society. The gravity of this offense demands unwavering prosecution and condemnation.

In India, the penalties under the law range from three years to life imprisonment. The UK imposes imprisonment of up to 14 years, while Australia stipulates imprisonment ranging from 7 to 25 years. In Canada, the maximum imprisonment is 14 years.

In the US, the penalty includes up to 10 years in prison. Singapore enforces a maximum of 7 years' imprisonment, and in Japan, the term can extend to 10 years.

Russia provides for a maximum of 20 years’ imprisonment, while China’s provisions extend to life imprisonment or the death penalty. South Africa sets a maximum penalty of 25 years’ imprisonment.

In France, the sentence can be as long as 7 years in prison, and in Germany, the maximum prison term is 5 years.

To be certain, prosecuting violators of official secrets acts sends a strong message that the protection of classified information is paramount.

And a failure to enforce such laws will definitely encourage further breaches and compromise the integrity of the state.


Originally published in The News