(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release: ARTICLE 19 has released a briefing note examining proposed amendments to the 1968 Penal Code of Bulgaria dealing with the unauthorised disclosure of State secrets. The proposed amendments will replace two existing prohibitions in the Bulgarian Criminal Code on the release of State or […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release:
ARTICLE 19 has released a briefing note examining proposed amendments to the 1968 Penal Code of Bulgaria dealing with the unauthorised disclosure of State secrets.
The proposed amendments will replace two existing prohibitions in the Bulgarian Criminal Code on the release of State or official secrets with new provisions, extending their scope and providing for tougher sentences. The second amendment would also penalise the unauthorised release of “foreign classified information,” which is not covered in the current Criminal Code.
From a freedom of expression and information perspective, these amendments raise two key issues. First, the definitions of “state secret,” “official secret” and “foreign classified information” are highly problematic, allowing for the classification of an extremely wide range of materials. Second, both amendments omit to introduce a “public interest override,” allowing for the disclosure of material, even if it is harmful, when it is in the public interest to do so. There is no protection for whistleblowers, and the catch-all nature of the drafting could impact adversely on the ability of the media to engage in critical reporting of national security or defence-related issues.
The briefing note can be found on the ARTICLE 19 website, at http://www.article19.org/docimages/1688.doc
