A study of section 3 of the Maltese Official Secrets Act, its Canadian and British counterparts and its effects on freedom of expression

Abstract

This article answers the question whether s 3(1) of the Maltese Official Secrets Act breaches freedom of expression as contained in art 10 of the European Convention of Human Rights and s 41 of the Constitution of Malta. Article 10 of the European Convention of Human Rights is briefly analysed in the light of obtaining case law of the European Court of Human Rights. Section 3(1) of the Maltese Official Secrets Act – which finds counterparts in several Commonwealth criminal law statutes – is subsequently studied by reference to United Kingdom and Canadian case law. A freedom of expression impact assessment of s 3(1) of the Official Secrets Act is carried out with the ensuing conclusion being that only s 3(1)(c) of the Maltese Official Secrets Act might, in certain circumstances, constitute a breach of art 10 of the European Convention of Human Rights and s 41 of the Constitution of Malta.