Sweeping reforms to the Official Secrets Act could criminalise public interest journalism by exposing journalists and whistle blowers to harsh new penalties such as lengthy prison sentences, the News Media Association said today. 

Stories that embarrass the UK government could land journalists in prison under proposals being considered.

The Home Office is running a consultation on changes to the 1989 act to bring it up to date and take changes like the digital landscape into consideration.

The new proposals suggest journalists will be treated in the same way as people whp have leaked information or have committed espionage. The changes could see the maximum sentence for journalists reporting on public interest stories raised from two to 14 years.

Responding to the Home Office’s consultation on legislation to counter state threats the NMA warned that proposals for stiffer custodial sentences and widening the scope for prosecuting individuals could open the floodgates to the media and its sources being prosecuted despite acting in the public interest.

The NMA argued a public interest defence should be introduced to the regime to protect freedom of speech the NMA warned that proposals for stiffer custodial sentences and widening the scope for prosecuting individuals could open the floodgates to the media and its sources being prosecuted despite acting in the public interest.

From time to time, it is necessary to adjust the law to maintain a sufficient level of security in response to evolving threats, but the changes must not come at the expense of public interest press freedoms which do so much to expose wrongdoing, the NMA added. 

The NMA “vehemently opposes” the proposal to replace the requirement to demonstrate damage in order to bring a prosecution against whistle-blowers or journalists with a “subjective fault element” which could open the regime up to widespread abuse by those seeking to hide embarrassing truths from public view.   

“As part of any thriving democracy, the public and a responsible press must be free to shed light on the state’s injustices,” said NMA legal policy and regulatory affairs director Sayra Tekin.  

“The proposed measures will deter whistle blowers from coming forward with vital information which the public have a right to know and place a chill on investigative journalism which holds power to account.

“We strongly urge the Government to reconsider these measures and instead work with the industry to place appropriate protections for journalism at the heart of the Official Secrets Act so that freedom of speech is enhanced by the new regime rather than weakened further.”  

The Home Office says it is not putting reporters at risk, and they will “remain free to hold the Government to account”.

Law campaigners have recommended introducing a public interest defence to people charged under the Official Secrets Act – the Home office has said it would consider that “in further detail” but hasn’t taken it forward yet.

They are concerned such a defence could “undermine our efforts to prevent damaging unauthorised disclosures, which would not be in the public interest”.