MAJORITY OPINION.— The Constitution under Article 8, Section 1, Subsection 1, Clause 1 protects the freedom of speech, thought, expression, and press. The government may protect genuinely sensitive information, but such protection must remain consistent with these constitutional rights.
The principal problem with the Act is its automatic classification system. Part 2, Section 1, Subsection 1 provides that any government document or message without an explicit marking is treated as RESTRICTED by default.
In our view, the burden should be on the government to identify and classify information that genuinely requires protection. It should not be presumed that government information is restricted merely because the government has failed to classify it.
This becomes more serious because the Act restricts where classified information may be discussed. It requires classified information to be shared through approved Secure Government Platforms and prohibits its transmission through personal DMs, informal messages, or other unapproved platforms.
The Act therefore does more than protect government secrets. It places restrictions upon how individuals may communicate with one another.
This creates a chilling effect on freedom of expression. A person may refrain from discussing government information not because their speech is harmful or threatening, but because they cannot be certain whether that information is restricted or whether the manner in which they communicate it is permitted.
These provisions are central to the Act's entire classification and enforcement system. They cannot simply be removed without fundamentally changing the Act.
WHEREFORE,
TheOfficial Secrets Act 2026 is hereby declared UNCONSTITUTIONAL in its entirety and shall not take effect.
SO ORDERED.
This majority opinion came from Deputy Chief Justice Kelpti, Senior Associate Justice Steph,., Senior Associate Justice Faaaaiiitthh, Associate Justice Brokyy_, Associate Justice Inconclusive-, Associate Justice GreenArcher, and Associate Justice Pawtistic.
Senior Associate Justice Faaaaiiitthh dissented while Chief Justice dreckly placed no vote.