National Security and Press Freedom (LAWS90238)

A free and independent press is a core component of any healthy democracy. National security too is critically important: it ensures the continued existence of the state and safety of its people. Over the course of the 21^st century, however, the relationship between press freedom and national security has been placed under increasing strain. This is certainly the case in Australia, where more counter-terrorism laws have been enacted than anywhere else in the world, and we remain the only liberal democracy lacking codified national protection for free expression or, relatedly, press freedom. In Australia and elsewhere, governments face the challenge of protecting national security without unduly encroaching on free speech, press freedom and other basic rights and liberties.

This course explores these challenges through a public law lens. By breaking down the nature and importance of press freedom (and related rights, liberties and democratic values) and national security, and understanding the processes and frameworks around each, this course equips students with the intellectual and research tools to critique the effectiveness and impacts of national security law and policy, and to advance arguments for and against reform.

Core themes of central importance in the modern national security and media environments emerge for discussion and debate. 

Indicative list of principal topics:

• Who is the ‘press’? What is its role in a democracy, and what does press ‘freedom’ require?
• How far should governments go in protecting national security?
• How might basic values like free speech and public accountability be threatened and preserved in the national security context?
• To what extent does security require secrecy? Who should be responsible for determining what information ought to remain secret, and on what basis?
• Does the press have an oversight role to play in respect of national security agencies, actors and actions?
• How have, and should, governments respond to complex issues, including:
  • The publication of leaked security-classified information;
  • Public sector (including intelligence) whistleblowers;
  • Criminal prosecutions based on sensitive national security information;
  • Widespread use of encryption technologies (including by criminals and journalists), and;
  • The prospect of journalism-based defences to national security offences; and
  • The democratic need for government secrecy and accountability.

Course content focuses on Australia, though will also be given to developments in a global context, including for the major research essay.