Govt officials leaking sensitive information to media may face action under Official Secrets Act

The circular also targets “any unauthorized communication with the media” and says this should be responded to with “suitable action”.

The Union government has warned government officials that sharing “classified/sensitive” information with media could attract proceedings under the Official Secrets Act (OSA).

The note has raised eyebrows in bureaucratic circles because of its departure from the original December,1998 version, which was more of an advisory and didn’t have any reference to OSA (Bloomberg)

Last month, the Ministry of Home Affairs circulated a classified note to secretaries of all ministries and departments, updating a circular sent out 28 years ago, by adding the threat of proceedings under OSA, people familiar with the matter said, briefing Hindustan Times on the contents of the note. The circular mentioned that it was prompted by a “spurt in the incidents of leakage of sensitive information to unauthorized or undesirable elements having potential of jeopardizing the overall national interest and security besides being a source of embarrassment to the government.”

The circular also targets “any unauthorized communication with the media” and says this should be responded to with “suitable action”. To be sure, the provision does not apply to authorised spokespersons.

“It is the duty of all government servants to safeguard the information and documents to which they have access in the course of their official duties. Any unauthorized communication with the media should be dealt with by suitable action, and in case of sharing of any classified/ sensitive information, stringent action under the Official Secrets Act needs to be contemplated,” said the note, according to one of the people cited above who spoke on condition of anonymity.

HT learns that the three-page circular was also sent to the heads of paramilitary forces.

HT reached out to the PIB and the MHA spokespersons but didn’t receive any response.

The note has raised eyebrows in bureaucratic circles because of its departure from the original December,1998 version, which was more of an advisory and didn’t have any reference to OSA. What they do have in common, 28 years apart, are references to recent leaks from within the government. It is not very clear which particular leak prompted the note, which was circulated in the second week of January.

“It is reiterated that such a delinquency on the part of a Government servant is a clear violation of the Rule 11 of the CCS (Conduct) Rules,’’ the circular reads, according to the person cited above. Rule 11 of the central civil services conduct rules says: “ No government servant shall, except in accordance with any general or special order of the government or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or any part thereof or information to any government servant or any other person to whom he is not authorised to communicate such document or information”.

The government note, according to the people cited in the first instance, asks officials to direct any queries from journalists to the Press Information Bureau (PIB) or ask for the secretary’s permission before responding. It also suggests that officials may designate a special area in government offices for interactions with the media.

A second person familiar with the contents of the note, who too asked not to be named, said on condition of anonymity that it acknowledges the role of media and admits it has an “important role in shaping the perception on the functioning of the government”, but caveats that “quick and unverified dispersal of information/misinformation on multiple media platforms by unauthorized government employees needs to be prevented.”

HT reported on Saturday that Friday’s cabinet meeting discussed a possible 20 year cooling off period for people in “positions of power” before they could write books or memoirs, a possible fallout of the controversy emerging from former army chief General Manoj Naravane’s unpublished memoir Four Stars of Destiny. His claims on one of the most delicate moments during the India-China military standoff in eastern Ladakh in August 2020 roiled the first half of the budget session of Parliament.