ABSTRACT

This chapter examines the impact of both the D-Notice system and national security on free speech issues in United Kingdom (UK) and Australia. These issues lie at the heart of whether the D-Notice system is a legitimate way of restricting speech in the interests of national security. These issues also lie at the heart of the extent to which the government may legislate to restrict speech in the interest of national security. In accepting that freedom of speech is a right worthy of protection from interference by the state, it must be recognised that it is not an absolute right and in some cases interference may be legitimate. The recognition that freedom of expression is not an absolute right is reflected in the relevant provisions of the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR).