Page 275 - Law and the Media

Law and the Media
without that state or international organization having previously made it available
to the public
The accused knew or had reasonable cause to know that the information fell within
the protected classes set out in the categories above and that the disclosure would
be damaging.

15.3.5 Definitions

For the purpose of Section 6, the terms ‘damaging’, ‘security or intelligence’, ‘defence’ and
‘international relations’ have the same meanings as in Sections 1 to 3 of the 1989 OSA.

15.3.6 Official direction

Under Section 8 of the 1989 OSA, the authorities can issue an ‘official direction’ for the
return of any document or other article that is covered by Sections 1 to 6. Failure to comply
with such a direction is a criminal offence.

15.4 The Defence Advisory Notice system

Apart from the formal system of secrecy enforcement operated through the Official Secrets
Act 1911 and the Official Secrets Act 1989, the government and the media have an
alternative voluntary system of dealing with sensitive information relating to national
security in the form of the Defence, Press and Broadcasting Advisory Committee and
‘Defence Advisory Notices’, or DA Notices, previously known as D-notices.

The Defence, Press and Broadcasting Advisory Committee is chaired by the Permanent
Under Secretary of State for Defence. It consists of members representing the Home Office,
the Ministry of Defence and the Foreign and Commonwealth Office, as well as 13 members
nominated by the media. It meets about twice a year to review existing DA Notices.

DA Notices are the method by which the Government advises the media that the publication
of a certain kind of information would be damaging to the national interest or put lives at
risk. The Defence, Press and Broadcasting Advisory Committee circulates DA Notices in the
form of a formal letter to newspaper editors and their equivalents in television and radio
broadcasting. There are currently five DA Notices in place, which are mostly concerned with
defence plans, equipment and installations, and security or intelligence. The text of the DA
Notices can be found on the Defence, Press and Broadcasting Advisory Committee’s web
1
site. DA Notices do not have the force of law, and prosecutions do not usually follow from
their breach.

1
The web site can be found at www.dnotice.org.uk.
238