An interesting article by media lawyer Ian Felstead criticizes threats made by the UK Attorney General to prosecute newspapers under Section 5 of The Official State Secrets Act if they publish any material concerning the infamous leaked Al Jazeera memo (see previous postings here and here).
Individuals may be prosecuted under Section 5 if they disclose secret information damaging to international relations which they know is protected under The Official State Secrets Act.
Felstead explains that “A disclosure is held to be ‘damaging’ if it is likely to endanger the interests of the UK abroad, seriously endanger the protection by the UK of those interests or the safety of British citizens abroad.”
He asserts that the informaion allegedly contained in the leaked memo could be of important public interest and keeping such information secret could in fact be damaging in itself: “the information apparently contained in this memo clearly raises questions of public interest … Indeed, it could be suggested that the lack of openness of the government in this case does more harm to national security than good.”

