Secrecy and Liberty: National Security, Freedom of Expression and Access to Information
The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse 'the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
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THE JOHANNESBURG PRINCIPLES AND COMMENTARY
The European Convention on Human Rights and Other
Human Rights and Information in the Public Interest
by Claude E Welch Jr
Freedom of Expression National Security Doctrines
COUNTRY LAW AND PRACTICE
China by Sofia Woodman and Yu Ping
access to information administrative adopted Albanian Amendment applied Article 19 authorities broadcasting censorship China civil classified classified information Commission Communication concerning Conseil d'Etat Constitutional Court Council of Europe crime Criminal Code criticism decision declared defamation democracy democratic society disclosure documents ECHR emergency European Convention European Court foreign freedom of expression freedom of information freedom of speech Hong Kong Human Rights Committee ICCPR imprisonment incitement individual issues Japan Johannesburg Principle journalists judicial Korea Kurdish legislation legitimate limited Minister national security grounds newspaper offense official Official Secrets Act opinion organization Parliament party Penal Code person political Press Law prior restraint prohibited prosecution protection public interest public order published punished regulations relating Report Republic restrictions on freedom right to freedom rule secrecy sentenced Seoul Serbia South South Korea Spycatcher statute supra note Supreme Court threat treaties United Kingdom violation