ARTICLE 19 GLOBAL CAMPAIGN FOR FREE EXPRESSION Subject to Principles 15 and 16, expression may be punished as a threat to national security only if a government can demonstrate that: (a) the expression is intended to incite imminent violence; (b) it is likely to incite such violence; and (c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence. Principle 15: General Rule on Disclosure of Secret Information No person may be punished on national security grounds for disclosure of information if (1) the disclosure does not actually harm and is not likely to harm a legitimate national security interest, or (2) the public interest in knowing the information outweighs the harm from disclosure. Principle 16: Information Obtained Through Public Service No person may be subjected to any detriment on national security grounds for disclosing information that he or she learned by virtue of government service if the public interest in knowing the information outweighs the harm from disclosure. We refer to these Principles below where relevant to the provisions of the Law. 3. Analysis of the Law 3.1 Overview The Law sets out categories of information that may be protected as state secrets and imposes criminal sanctions on persons who violate the Law. Article 2 defines “department,” “officer,” and “protected secrets and document.” Articles 3, 6 and 8 set out and define three classification levels - ‘strictly confidential,’ ‘confidential’ and ‘restricted’ respectively. Articles 4, 5, 7 and 9 describe the manner in which any officer in possession of such information should envelop, dispatch and protect classified information. Article 10 defines all official documents that do not satisfy the requirements set forth in Articles 3, 6 and 8 as “ordinary” and not subject to disclosure to “non-concerned persons”. Articles 11, 12, 13 and 16 create duties for any persons who have access to official State information and establish criminal sanctions for certain offences. Articles 14 and 15 set down the criminal sanctions for persons who steal or attempt to steal any protected information. Article 17 repeals articles of Penal Law No. (16) for the year 1960 and of the Military Penal Law No. (43) for the year 1952. Article 18 grants the Council of Ministers, with the King’s consent, the power to issue regulations for the implementation of the Law. Article 19 charges the Prime Minister and Ministers with the implementation of the provisions of the Law. Articles 1 and 17 are absent from the analysis below as they do not pose issues relating to freedom of information. 3.2 Scope of the Law The Law applies to both public and private entities and a wide range of information. Article 2 defines department as “any ministry, department, governmental or private institution that maintains, by the nature of its work or production secrets, official documents or information, whose disclosure form a threat to the internal or external security of the State.” Article 2 also defines “protected secrets and document” as “any oral information, or a document which is written, typed, stenographed or printed on waxed or duplication paper, Memorandum on Jordan’s Protection of State Secrets and Documents Provisional Law No. (50) for the Year 1971ARTICLE 19, London, 2005 – Index Number: LAW/2005/1205 -8-