- Public interest defense
In the context of secrecy laws, a public interest defense is a defense which allows a
defendant who disclosed classified or protected information to avoid criminality, if he can establish that the public interest in disclosure of the information outweighs the public interest in non-disclosure. This is aimed at protectingwhistleblower s of government misconducts.The inclusion of the defense has been a subject of debate in the legislative process of the
Official Secrets Act 1989 of theUnited Kingdom . The defense was finally not included in theOfficial Secrets Act . The defense was also absent in secrecy laws in other countries based on the Act.Canada has reformed its secrecy laws in2001 , adding the defense in its Security of Information Act. However, its application is limited to situations where thedefendant has followed a series of steps set out in the legislation before making the disclosure, and where the person's purpose in making the disclosure is to reveal an offence committed by another person in his official duties.The inclusion of the defense has been a subject of debate in
Hong Kong in2003 during its legislative process to implement Article 23 of the Basic Law."See also:
Media in Hong Kong "External links
* [http://laws.justice.gc.ca/en/O-5/section-15.html Public interest defense in Canada]
* [http://www.basiclaw23.gov.hk/english/resources/legco/legco_article/article17.htm HKSAR Government's view on the public interest defense]
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