ABSTRACT

This essay clearly demands close analysis of the provisions of the new Act; however, the context in which it must be placed should also be considered. The following matters should be discussed: • s 2 of the Official Secrets Act 1911 compared with the

1989 Act; • categories of information covered by the Official Secrets Act

1989; harm tests in different categories-lack of a harm test in s 1(1);

• defences under the 1989 Act-actual and potential-‘reversed’ mens rea;

• other measures creating liability in respect of the disclosure of official information;

• conclusion: lack of liberalising effect.