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Counter-Terrorism Laws and the Media:
National Security and the Control of Information

Author: Lawrence McNamara

Volume 5, Number 3 (Spring 2009), pp. 95-115.

Abstract

Liberal democracies presently struggle with the need to balance the demands of national security with traditional commitments to media freedom. The enactment of counter-terrorism laws since 2001 has seen the state expand its ability to control information. This article examines that expansion, drawing on interviews with journalists and lawyers to consider the potential and actual effects of the laws. It argues that the strongest, most direct effects relate to the reporting of court proceedings. The laws have not yet, it seems, had a chilling effect, but they have brought about apprehension and caution. Even if not causally affecting the flow of information, the laws remain an important part of the context in which information is controlled or limited by other means. When viewed side by side, the combination of these effects suggests that the degree of control over information does not necessarily correspond with the presence or degree of legal regulation.

About the Author

The author is a Reader in Law at the University of Reading in the United Kingdom. He holds an ESRC/AHRC Fellowship in Ideas and Beliefs 2009-12 under which he is working on a major research programme titled ‘Law, Terrorism and the Right to Know’. l.mcnamara@reading.ac.uk..

 
   

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