Amid much public and media criticism, the South African Parliament has backed an ANC government-proposed law which seeks to regulate the "classification, protection and dissemination of state information". The Protection of State Information Bill contains far-reaching provisions, under which it is an offence to disclose unclassified information. If breached, a sentence of up to five years imprisonment may be given. Sentences of up to twenty five years may be handed down to whistleblowers.
The Bill still has to be passed by a second legislative body, the National Council of Provinces (which has the power to propose amendments) before President Jacob Zuma signs it into law.
The Bill does not provide for a public interest defence, as it was felt this would bestow greater powers to journalists. If the Bill passes into law, opponents say they plan to mount a challenge in South Africa's constitutional court.
A Right 2 Know campaign has been launched by a consortium of people and civil society organisations in South Africa. A range of high-profile individuals from across South Africa have spoken out against the Bill, including leading business people, bankers and leading media figures. Nobel Peace Laureate Archbishop Desmond Tutu has desribed the Bill as "insulting" and warned that it could be used to outlaw "whistle-blowing and investigative journalism". Protests took place around South Africa ahead of the Bill's passing by Parliament.
Click here to view the Bill.
Click here to see a piece on the issue by the UK Human Rights Blog.