Official Secrets Acts in Other Countries
The phrase official secrets act may also be used to refer to statutes of a similar nature in other countries. Canada's Official Secrets Act was replaced in 2001 by similar legislation titled the Security of Information Act (which was created in the wake of September 11th 2001 to replace the vaguely worded Official Secrets Act).
The United States does not have any Official Secrets Act, although the Espionage Act of 1917 has similar components. Much of the Espionage Act remains in force, although some has been struck down by the Supreme Court as unconstitutional because of the First Amendment (See United States v. The Progressive, Brandenburg v. Ohio, New York Times Co. v. United States).
In the Republic of Ireland the Official Secrets Act, 1963 repealed previous British legislation of 1911 and 1920. The Official Secrets Act, as amended, applies to all civil servants and potentially anyone within the state. A suit may only be instigated at the approval of the Attorney General of Ireland, additionally proceedings may occur in camera but the verdict and any sentence must occur in public.
Malaysia has an Official Secrets Act (also referred to as the OSA) prohibiting the collection, possession or distribution of information marked as an official secret—an action which can be made by any public officer. The certification of a document as an official secret is not subject to judicial review, and a violation of the act is punishable with between one and seven years' imprisonment. The act has been controversial for its use to silence dissent and stifling anti-corruption activities.
Australia has Part VII of the Crimes Act 1914 (Commonwealth), entitled Official Secrets and Unlawful Soundings.
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