20100917
sabc

The State Security Ministry has made some adjustments to the proposed Protection of Information Bill. National interest can no longer be used to withhold information. The Bill has caused furious debate with critics arguing that information could be classified indefinitely. They further contend that it will compromise free access to information.

Today the country's head of intelligence, sought to amend some of the Bill's language. State Security Minister Siyabonga Cwele says they have agreed to narrow some of the definitions, such as commercial interest and national interest.

He says economic espionage is a reality but agrees that the way it is crafted in the Bill may at this stage be too broad, hence the decision to remove it.

Powers to classify information will be limited to the head of a State institution. They can also be delegated to the department's second highest official, with an appeals board possibly on the cards.

Cwele says: "It is critical that this power be retained by the minister of state security with the provision that he or she may be able to establish a board to advise and consult him or her in the consideration of the appeals."

The defence of information being in the public interest will however not be included as it closes the door on potential whistle-blowers using it as defence.

The 'Right to Know' campaign has however dismissed the revisions as being merely cosmetic.

Alison Tilley from the Open Democracy Advisory Centre says: "If the Bill doesn't provide protection for whistle-blowers and if the Bill continues to penalise those who come into possession of classified information like journalists or whistle blowers, we think that the Bill cannot stand."

For Tilley, the lack of oversight through an independent appeals board is also a problem.