Press Release 33/00
SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION EXPRESSES CONCERN OVER
INTELLIGENCE AUTHORIZATION ACT NOW BEFORE PRESIDENT CLINTON
The
Special Rapporteur for Freedom of Expression of the Inter-American Commission
on Human Rights, Dr. Santiago A. Canton, wrote U.S. Secretary of State
Madeleine Albright to express his concern regarding the Intelligence
Authorization Act now before President Bill Clinton for signature. President
Clinton has until November 4 to sign the bill into law or to veto it. The bill
includes provisions that would impose criminal liability for the disclosure of
any classified information by a government official to an unauthorized
individual. Such provisions violate the principles of freedom of expression
that are so essential in a free and democratic society.
The
Inter-American Declaration of Principles on Freedom of Expression of the
Inter-American Commission on Human Rights, states that "guaranteeing the right
to access to information held by the State will ensure greater transparency
and accountability of governmental activities and the strengthening of
democratic institutions." The Declaration elaborates on the right to access to
information stating in Principle 4, "Access to information held by the state
is a fundamental right of every individual. States have the obligation to
guarantee full exercise of this right. This principle allows only exceptional
limitations that must be previously established by law in case of a real and
imminent danger that threatens national security in democratic societies."
Citizens in a democracy must have the information they need to make decisions
or a stable and participatory democracy cannot exist. Thus, freedom of
expression has often been said to be the fundamental freedom underlying the
very existence of democratic society. Restrictions on the giving and receiving
of information are therefore acceptable only in limited circumstances, such as
when they are necessary to protect national security. Such restrictions,
however, must be narrowly tailored to meet this purpose. A reasonable
balancing of national security and civil liberties concerns can only be
reached if there is a presumption of openness in public authorities.
In the letter to Secretary of State Albright, Dr. Canton stated that "the
provisions of this bill are overly broad in that they punish an official for
revealing any classified information to an unauthorized person. A great deal
of information that is classified is not threatening to national security and
often is duplicated in other non-classified sources. Imposing liability for
revealing any such information will greatly affect the comfort with which
government officials will speak to members of the press, limiting the public’s
access to information. It will also threaten transparency in government in
other ways by shielding wrongdoers from scrutiny." In conclusion, Dr. Canton
said, "At a time when democracies in our hemisphere and around the world are
making strides towards greater openness in government and freedom of
expression, I hope that the United States will not take a step in the opposite
direction."
Santiago A. Canton
Special Rapporteur for
Freedom of Expression
November 2, 2000 Washington, D.C.