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CHAPTER 34
SECURITY, OFFICIAL INFORMATION AND PUBLIC RELATIONS
SECTION 1 - GENERAL
J2441. Official Secrets Acts. Sponsor: Policy Staffs, HQ RAFP
Every officer is responsible for ensuring that all persons under his command are acquainted with the provisions of the Official Secrets Acts 1911-1989, and with the need for strict compliance with those provisions. All personnel are to be reminded annually of their responsibilities under the Acts.
J2442. Restrictions on Travel to Certain Countries. Sponsor: Policy Staffs, HQ RAFP
Instructions on the restrictions on travel to certain countries is contained in JSP 440. On leaving the Service, all individuals are to be reminded that these restrictions apply to them and a copy of MOD Form 138 - Security Reminder on Travel to Certain Countries - is to be included with his discharge (or equivalent) papers.
J2443. Disclosure of Official Information. Sponsor: Policy Staffs, HQ RAFP
(1) It can be an offence against the Official Secrets Act for a person to divulge, whether during or after a period of service with the Armed Forces, official information acquired by such a person during such service unless expressly authorised to do so. All personnel are forbidden to communicate any official information, including information about to be made public, to any person other that one to whom they are authorised to communicate it or one to whom it is their official duty to communicate it. The use of such information for personal controversy or for any private purpose during or after completion of service without due authority may be a breach of the Official Secrets Acts. Information acquired in an official capacity by anyone seconded for service with another Government Department is not to be disclosed without the express permission of that Department.
(2) Any information of a professional or technical nature that all members of the Armed Forces may acquire in the performance of their duty, or in the course of his official studies, is the property of the Crown and is not to be published in any form without the prior approval of the MOD.
J2444. Restrictions on Use of Official Documents. Sponsor: Policy Staffs, HQ RAFP
(1) Official reports, correspondence or magnetic media of whatever description, whether protectively marked or not, are the property of the Crown. The only legitimate use which personnel may make of official documents, or information derived from them, is for the furtherance of the public service in the performance of their duty.
(2) All official publications and documents produced in the course of official duty are Crown copyright, including correspondence, drawings, maps, photographs and musical and other artistic works. Photographs taken with official equipment or material whether or not for authorized purposes are also Crown copyright. Permission for reproduction, in whole or in part, for any non-official purpose must be obtained from the Controller Copyright TSol, in whom Crown copyright is vested, or from a person holding his delegated authority. Applications should be referred to MOD Crown Copyright Section, RM 202, 315 Great Scotland Yard, London SW1A 2HW, copy to DPR(RAF)).
J2445 Security of Official Documents. Sponsor: Policy Staffs, HQ RAFP
Instructions governing the security of official documents and in particular their protective marking, custody, handling and transmission are contained in JSP 440.
J2446. Visitors. Sponsor: Policy Staffs, HQ RAFP
A CO or Head of Establishment is to be satisfied that proper arrangements are made and orders issued to control the admission of visitors, and is to ensure that MOD instructions governing visits to ships, units and establishments of persons not in HM Service are carefully observed. These instructions are contained in JSP 440.
J2447. Police and other Civilian Authority Reports. Sponsor: Policy Staffs, HQ RAFP
Officers who seek the assistance of civilian authorities or organizations (e.g. the police or welfare organizations) to deal with problems concerning members of the Armed Forces are reminded that all reports for such authorities are to be treated as "in confidence" whether they are so marked or not. These reports must not be quoted verbatim nor their source disclosed except to another Service authority whose attention is to be drawn to their confidential nature.
J2448. Disclosure of Official Information to Courts. Sponsor: ACOS Pers Pol (RAF)
Instructions regarding the disclosure of official information (either oral or documentary) to Courts or in arbitration proceedings, and the giving of evidence by expert witnesses, are contained in Para J965 and AP 3207 (Manual of Flight Safety).
J2449. Enquiries from Members of Parliament. Sponsor: RAF Pers Sec Svc Cnds 1
(1) All official enquiries made by Members of Parliament are to be referred to the MOD for reply. When exceptionally an immediate answer is necessary, e.g. where a Member of Parliament requests factual information in order to allay relatives' anxiety, reference should be made in office hours to the appropriate Minister, if possible before a reply is given, otherwise as soon as possible afterwards. Urgent enquiries out of office hours are to be reported to the Resident Clerk of the MOD HQ who will notify the appropriate Private Secretary.
(2) Written communications on official matters from Members of Parliament or from persons who state that they are prospective Parliamentary candidates must be acknowledged and the writer informed that the matter is being referred to the MOD for consideration and reply. The letter, or a full account of a conversation if applicable, together with a detailed report, is to be forwarded without delay to the appropriate Minister’s office in accordance with current instructions.
(3) In this regulation, the term "Members of Parliament" means members of both Houses of the UK Parliament, and of any other legislature, including devolved United Kingdom, European Union, foreign and commonwealth legislatures.
J2450. The Data Protection Act 1984. Sponsor: CIS12(RAF)
(1) The Data Protection Act 1984 requires that all computer systems on which personal data is held must be registered with the Data Protection Registrar. The Act also states that an individual is entitled to be told whether personal data is held of which he is the subject, and that if so he is entitled to be given a copy of the data and, where appropriate, to have such data corrected or erased.
(2) The Act applies to any computer system, however small, that contains information on personnel, whether the system has been purchased from official funds or by individuals.
(3) It is the responsibility of the holder of personal data on any computer system operated within the RAF to ensure that the system is notified to the MOD Data Protection Officer, ICS(Pol) CDMG, DGICS, Minerva House, Delta Office Park 800, Swindon, Wiltshire SN5 7XQ (Tel 01793 555430)
(4) Full instructions are contained in JSP 406.
2451. (Omitted)
SECTION 2 – ACTIVITIES INVOLVING THE USE OF OFFICIAL INFORMATION OR EXPERIENCE
J2452A. Purpose Sponsor: DMC
This chapter sets out the arrangements that all Service personnel must follow if they wish to have contact with, or exposure to the media, or write or speak in public on Defence or related matters. These procedures have been put in place to ensure that national, operational and personal security is upheld, and that standards of political impartiality and public accountability are met at all times.
J2452B. Applicability Sponsor: DMC
1. These regulations apply to all members of the Armed Forces:
• all members of the regular Armed Forces;
• all members of the Volunteer Reserve Forces;
• members of the Regular Reserves undertaking Service duties;
• cadets when on duty;
• Crown Servants within the Reserve Forces and Cadets Associations and their Council;
It covers all public speaking, writing or other communication, via any channel, including the internet and other online sharing technologies, on issues relating to an individual’s official business or experience or otherwise related to Defence.
J2452C. Introduction Sponsor: DMC
1. Within the obvious security constraints, the MOD and the Armed Forces operate a policy of openness about their activities. It is important that the Armed Forces and MOD are able to explain their roles and Government policies and decisions relating to Defence. The MOD must also comply with relevant legislation, such as the Freedom of Information Act 2000. All members of the Armed Forces are encouraged to engage with the public about what they do. However, such contact must be properly authorised to ensure that it is appropriate and worthwhile, as well as to protect individuals against possible misreporting. Members of the Armed Forces must exercise honesty in all their engagements and should not undertake any activity which might call into question their political impartiality or Service or Departmental reputation.
2. All contact with the media or communication in public by members of the Armed Forces must be authorised in advance, where this relates to an individual’s official business or experience or is otherwise related to Defence. Unauthorised disclosure or leaking of information causes damage to the Department and the single Services and corrodes the trust between Ministers, the Armed Forces and the Civil Service. Engaging in such activities without obtaining relevant authorisation at the appropriate level as detailed in these regulations is likely to result in administrative or disciplinary action being taken. It could be regarded as a serious disciplinary breach and in the most serious cases this could ultimately lead to an individual being removed from post, dismissed or discharged. Also, individuals who do not act to prevent breaches by others could be subject to disciplinary measures
J2453. Effective Communication Sponsor: DMC
1. Presenting and explaining Defence business to improve public understanding of what we do is an integral part of the work of the Ministry of Defence and of the Armed Forces. Defence personnel are encouraged to look for opportunities in line with the procedures set out in these regulations to communicate the roles and achievements of the Armed Forces and MOD – whether through face-to-face engagement, via briefings, in written responses to enquiries, or via new digital formats/channels.
2. Before considering engagement with the news media or otherwise communicating in public the following factors should be taken into consideration:
• What is the desired effect and how will it be measured?
• Does the benefit justify the time, cost and effort?
• Is there a risk to operational security or of disclosure of official or protectively marked Crown property, capabilities or information or personal details?
• Would Service or Departmental reputation be compromised?
• Are there any national security (of the UK or allies) or international relations implications?
• Would this call into question political impartiality?
• Are there any commercial, patent or copyright implications?
J2454A. Contact with the News Media Sponsor: DMC
1. DMC (specifically, DMC-News Press Office) are the Department’s professional advisers on communicating with the news media and are the officially sanctioned channel for dealing with them. The guiding principle is that all contact with (including the acceptance of hospitality from) the news media must be referred, through the line manager/chain of command, to the appropriate DMC-News Press Office team. Activities covered by this include:
• contact with journalists;
• contact with individuals with known links to the media (such as commentators in academia, industry or think-tanks, lobby groups etc);
• writing letters to newspapers;
• contributing to online debates or otherwise commenting on online items;
• participating in radio or television programmes (including discussion shows or phone-ins) on any topic related to Defence matters;
• contact with the media when attending outside events, e.g. at conferences and seminars; and
• issuing invitations to media representatives to speak at briefings, courses, study days or other Service or Departmental events.
2. Any member of the Armed Forces approached by a journalist or a third party with known links to the news media (including former serving personnel) on any Defence matter should note the request and refer the matter to the relevant Service or TLB media staff or DMC News Press Office team as soon as possible. Under no circumstance should they divulge any Defence information regardless of whether it seems uncontentious or might be thought to be already in the public domain. Where a journalist requests information under the terms of the Freedom of Information Act 2000 (or other information access legislation and regulations), or requests are received for potentially contentious information from any source, the DMC-News Press Office team must be consulted. If it is necessary to telephone a journalist who has submitted an FOI request in order to clarify or refine its terms, care should be taken to keep the conversation focused on the matter at hand. A note of the conversation should be made immediately and passed to the DMC News Press Office.
3. Some members of the Armed Forces might from time to time have contact with journalists or others who are active in the news media. This can include those working for lobby groups, the defence industry or academics who have links to the news media. Contact could stem from previous official duties or through social or family connections. Individuals are reminded that regardless of previous contact or authorisation, any request for information from a journalist or other persons with news media connections (however innocuous), must be referred immediately to DMC-News Press Office or Service or TLB media staff. Where a journalist is embedded with the Armed Forces in operational theatres, the scope and nature of the contact permitted will be agreed in advance with DMC.
4. Where approval is given to communicate with the media the range of topics that can be covered, and the terms of the engagement (e.g. whether it is a background briefing, or ‘on the record’), will be agreed at the time of authorisation. Individuals should not comment on or disclose official information beyond that agreement. Following contact with the media the individual involved should report back to the DMC-News Press Officer nominated for that contact. This helps to protect individuals in the event of any subsequent misreporting and allows appropriate follow-up action.
5. Contact with the national news media is always handled by DMC-News Press Office. DMC-News Press Office also handle contact at the regional level as do Service and TLB media staff and others with a specific DMC delegation to do so. These delegations are rare, but where an individual is granted a delegation, they may engage with specified media outlets without recourse to DMC, subject to the following caveats:
• all delegations are recorded in agreed formal job descriptions or terms of reference; and
• that any issue that is judged to be novel, contentious or of strategic importance is referred as soon as possible to DMC-News Press Office via the chain of command.
Individuals with a delegation must ensure they keep records and inform the DMC-News Press Office of all contact with the media and the information communicated. Requests for delegations should be sought from DMC- Head of News.
6. Where casualties have occurred, the names of the persons killed or injured are not in any
circumstances to be divulged until it is definitely known that the next-of-kin have been
informed. The authority for the release of names of casualties rests solely with MOD.
7. Personnel who are in any doubt about the nature of a request are to speak to their line
manager or chain of command, Command Media Operations branch, or to the DMC News Press Office directly.
J2454B. Communicating in Public Sponsor: DMC
1. DMC staff are also the Department’s professional advisers on wider communication and engagement with the public. Members of the Armed Forces must seek formal authorisation if they wish to speak, write or otherwise communicate in the public domain on Defence issues. Permission must be obtained before an individual can enter into any commitment.
2. Examples of communicating on Defence Issues in public are:
• Publishing material (for example books, articles, academic papers, or any other text, audio, still images, video or other content) or submitting material with the intention or likelihood of publication, in any medium (print or electronic) available outside Government;
• Self-publishing or otherwise releasing material on the internet or via online sharing technologies, for example through a blog, podcast or other shared text, audio or video, including through mobile devices;
• Speeches and presentations at conferences or other events where the public or media may be present;
• Completing external questionnaires, taking part in external surveys, polls or contributing to external studies or research projects;
• Contributing on defence issues to any online community or shared electronic information resource available outside Government, for example a bulletin board, newsgroup, wiki, online social network, multiplayer game or other information-sharing application.
3. In all cases, the impact of the communication must be considered carefully, both in terms of the effect on its intended audience but also on any unintended audience through subsequent coverage by the media. It is the responsibility of all personnel to minimise the scope for misreporting and misrepresentation, and to avoid straying beyond the issues on which they have been approved to speak.
J2454C. Online Communication Sponsor: DMC
1. Members of the Armed Forces are encouraged to explain their work, but within certain limits to protect security, reputation and privacy for themselves and the MOD. Social media (such as social networking sites, blogs and other internet self publishing channels) are recognised as important channels to enable personnel to keep in touch with family and friends. The MOD Online Engagement guidelines provide advice on the effective use of online channels and further guidance is available on how to use security settings on the most popular social media sites. When using these, personnel must:
• Follow the same high standards of conduct and behaviour online as would be expected elsewhere;
• Always protect personal information and operational security;
• Get authorisation from their chain of command when appropriate;
• Ensure they are familiar with the MOD Online Engagement guidelines.
2. Armed Forces personnel do not need to seek clearance when communicating online about non-Defence matters or general information about their role but must seek authorisation from their chain of command before publishing any information relating to their work which:
• Relates to operations or deployments;
• Offers opinions on wider Defence and Armed Forces or Allied activity; or
• Attempts to speak, or could be interpreted as speaking, on behalf of their Service or the MOD.
J2454D. Authorisation for Contact with the News Media and Communicating in Public Sponsor: DMC
1. Senior Personnel (1-star and above) All personnel of 1* rank must seek approval from DMC before accepting any invitation to speak or write publicly on Government or Defence matters – whether through the media or some other channel - unless they have a specific delegation. Requests should be submitted at least 10 working days in advance of the intended communications activity to DMC-Sec Strat Plans Coord.
All requests from personnel of 2* rank and above and civilian equivalents require Ministerial approval. In practice this will be considered at a weekly planning meeting, chaired by the Director of Media and Communications, which will advise if a formal submission to Ministers is required. Personnel of 3* rank and above and civilian equivalents should be aware that records of their contact with the media including any hospitality accepted will be published on a regular basis in-line with Cabinet Office procedures. Personnel should also ensure that all hospitality is recorded and reported in accordance with Departmental or Service arrangements. Requests should be submitted at least 14 days in advance of the intended communications activity to DMC-Sec Strat Plans Coord to allow time for due consideration, and, if necessary, a formal submission to Ministers. For requests at this level DMC will often require advance sight of a speaker’s proposed text or the proposed article.
2. Below 1-star - News Media. All other personnel below 1* level must first go through their line manager/chain of command (Commanding Officer (CO) or Head of Department or Division), and consult local TLB or Service media staff, unless they have a specific exemption granted by DMC. The authorisation process is as follows:
(a) For contact with regional and local news media.
Commanding Officers of the rank of Colonel and below (and equivalents) may speak to regional or local media on routine matters relating specifically to their own area of responsibility. They should not comment on other Government or Defence issues. A record should be kept of this contact, and either local Service or TLB media staff or the DMC News Press Office should be kept informed. Contact with regional/local media on issues outside the scope of an individual’s own responsibilities or on any issue which maybe considered novel and contentious requires prior authorisation in the usual way via Service or TLB media staff or DMC-News Press Office.
For all other regional or local news media cases, Service and TLB media staff have delegated powers of authorisation from DMC. Service or TLB media staff will refer contentious issues to the DMC-News Press Office and where there is a risk of a regional/local issue becoming a national issue, DMC-News Press Office will take over the lead.
(b) National news media.
DMC-News Chief Press Officers are responsible for authorising all contact with the national news media, including both proactive and reactive media handling. DMC-News will seek advice as necessary from the single Service Assistant Heads in DMC-Ops PR, and will judge whether Ministers need to be consulted before engagement with the news media takes place. Only a DMC-News Chief Press Officer, DMC-Head of News or DMC-Director Media Communication can approve engagement with the national news media.
(c) International media or contact with media abroad.
DMC News, in conjunction with PJHQ, is responsible for authorising contact with international media in operational theatres. Outside operational theatres, there are a number of events which include interaction between members of the Armed Forces and MOD civilians and the foreign media. Where this occurs or is expected at a local or regional media level, it is normally sufficient for permission to be granted by the relevant Service Command media staff or Defence Attaché. Where there is the potential for foreign national media contact, DMC-News Press Office should be informed. The procedure for authorising contact with international media in the UK is the same procedure as for contact with the UK national news media.
(d) Communicating in Public through non-news media.
The term ‘non-news media’ refers to media channels such as magazines, books and non-news TV and radio programmes and documentaries. For guidance on communicating via online channels see above. DMC-Head of Op Comms is ultimately responsible for authorising all contact for the non-news media to ensure appropriate arrangements are in place as described in JSP579. DMC-Head of Op Comms and PR teams will seek advice as necessary from DMC News and Service or TLB Command staff and will judge whether Ministers need to be consulted before initiating contact with or responding to approaches from the non-news media. The following channels should be used to obtain authorisation to engage with the non-news media:
• Navy personnel through their chain of command to DMC-Ops PR(Navy).
• Army Personnel through their chain of command to DMC-Ops PR(Army).
• RAF Personnel through their chain of command to DMC-Ops PR(RAF).
• Civilians through their management chain to DMC-HeadofSecandNewMedia
All personnel should bear in mind that what could appear to be a single Service issue can have implications for the reputation of all three Services and the wider MOD.
(e) Speaking in Public.
For public speaking, members of the Armed Forces below 1* level should go through the line manager/chain of command to ensure the provisions above have been appropriately addressed. If so, the line manager/chain of command (Commanding Officer (CO) or Head of Department or Division) may authorise the speaking activity. Where there is potential for controversy, media or national interest, advice must be taken from the relevant TLB
or Service media team or Secretariat and referred to the DMC contacts listed above in section e.
(f) Defence medical and healthcare topics
Material on Defence medical and healthcare matters should be cleared by the chain of command or line management in the first instance. All medical papers for publication and public presentations from within Joint Medical Command (JMC) should be sent to Medical Director (Med Dir), JMC for clearance and capture in Surgeon General’s Research Compendium. Papers pertaining to specific single Service medical issues should be directed through the chain of command to the appropriate single Service Medical Director. Med Dir JMC and the single Service Medical Directors will correspond with HQ SG (Hd of Secretariat) to clear any particularly sensitive papers and presentations. Hd of Secretariat, HQ SG will then confirm or withhold clearance with Med Dir or the single Service Medical Directors and, when appropriate to do so, forward it with his recommendation to DMC. Details about the Surgeon General’s policy on media and those in the care pathway can be found in JSP 950 (Medical Policy) Leaflet 1-2-5 available on the Defence Intranet or from HQ Surgeon General.
3. Where authorisation to speak in public or publish written material outside MOD is granted (in-line with the provisions in paras 34-37) this permission will only apply to the material as submitted and cleared. Further permission is required if alterations of fact or opinion are made. The granting of permission to publish does not confer official endorsement of the material (either of its factual content or the opinions or views expressed) and this should be made clear to publishers. Articles or notices for in-house MOD or single Service publications on non-controversial and unclassified topics can be submitted direct to in-house editors through the chain of command or line management. However, the same guiding principles apply. It is important to remember that editors of internal publications with an external readership (e.g. if they are available on subscription or on the internet) must follow the procedures for external clearance as detailed above and must ensure that no classified material is inadvertently released.
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