In theUnited Kingdom,D-Notices,officially known since 2015 asDSMA-Notices(Defence and Security Media Advisory Notices),[1]are official requests to news editors not to publish or broadcast items on specified subjects for reasons ofnational security.

DSMA-Notices were originally calledDefence Notices(abbreviated to D-Notice) from their inception in 1912 to 1993, andDA-Notices(Defence Advisory Notices) from 1993 until the mid-2010s.

A similar D-Notice system was previously operational inAustralia,but has fallen into disuse.Swedenmaintained a similar "gray notice" system during World War II, as described below.

United Kingdom

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In the UK, the original D-notice system was introduced in 1912 and run as a voluntary system by a joint committee headed by an Assistant Secretary of theWar Officeand a representative of thePress Association.Any D-notices are only advisory requests and are not legally enforceable; hence, news editors can choose not to abide by them. However, they are generally complied with by the media.[2]

In 1971, all existing D-notices were cancelled and replaced by standing D-notices, which gave general guidance on what might be published and what was discouraged; and what would require further advice from the secretary of theDefence, Press and Broadcasting Advisory Committee(DPBAC). In 1993, the notices were renamed DA-notices (Defence Advisory Notices).

One of the recommendations resulting from the 2015 review of the D-notice system included the renaming of the system to theDefence and Security Media Advisory (DSMA) Committee.This name reflected better the longstanding inclusion of the work of the intelligence agencies. In 2017, the notices were reworded and then reorganized into the following categories:

  • DSMA-Notice 01: Military Operations, Plans & Capabilities
  • DSMA-Notice 02: Nuclear and Non-Nuclear Weapon Systems and Equipment
  • DSMA-Notice 03: Military Counter-Terrorist Forces, Special Forces and Intelligence Agency Operations, Activities and Communication Methods and Techniques
  • DSMA-Notice 04: Physical Property and Assets
  • DSMA-Notice 05: Personnel and their Families who work in Sensitive Positions

According to an article inDefence Viewpoints,between 1997 and 2008 there were "30 occasions where the committee secretary has written to specific editors when a breach in the D-Notice guidelines is judged to have occurred".[3]

Known uses

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In 1967, a political scandal known as theD-notice affairoccurred, when Prime MinisterHarold Wilsonmade an attack on theDaily Expressnewspaper, accusing it of breaching two D-notices which advised the press not to publish material which might damage national security. When the newspaper asserted it had not been advised of any breach, an inquiry was set up under a committee ofprivy counsellors.The committee found against the government, whereupon the government refused to accept its findings on the disputed article, prompting press outrage and the resignation of the secretary of the D-notice committee.

The Guardianhas reported that in 1971, four days following theBaker Street robbery,a D-notice was issued, requesting that reporting be discontinued for reasons of national security.[4]It is claimed that some security boxes contained embarrassing or nationally sensitive material. However, an investigation some years later showed that a request had never been made to the D-notice committee.[5]The Timesnewspaper was still reporting about the case over two months later.[6]

In 2004 and 2005, three blanket letters were sent to newspapers advising against publication of countermeasures used against roadside ambushes of British forces in theIraq War.[3]

In 2008, a D-notice was issued to prevent further disclosure relating to sensitive anti-terror documents left on a train by a senior civil servant.

On 8 April 2009, the committee issued a D-notice in relation to sensitive anti-terror documents photographed when Assistant CommissionerBob Quickarrived at Downing Street for talks about current police intelligence.[7]

On 25 November 2010, just prior to the publication of theUnited States diplomatic cablesbyWikiLeaks,the committee issued a D-notice, whichIndex on Censorshipsaid "effectively... [asks that it] be briefed by newspaper editors before any new revelations are published". WikiLeakstweetedthat the "UK Government has issued a 'D-notice' warning to all UK news editors, asking to be briefed on upcoming WikiLeaks stories". Simon Bucks, the Vice Chair of DPBAC, wrote that the tweet was "inaccurate and reflect[s] a serious misunderstanding of the DA-Notice system".[8][9]

In October 2013, Prime MinisterDavid Cameronmade a veiled threat to newspapers over the reporting ofEdward Snowden'sNSAandGCHQleaks, stating in Parliament that the government might use "injunctions or D-notices or the other tougher measures" to restrain publication ofleaked classified informationif newspapers did not voluntarily stop publishing them.[10]

In 2017, a notice was issued to British journalists regarding revealingthe authorof the controversialSteele dossieralleging collusion betweenDonald Trumpand theRussian governmentduring the2016 presidential election.[11]Multiple British outlets ignored this advisory and revealed his name anyway, includingBBC News,The Daily TelegraphandThe Guardian.[11]

On 7 March 2018 and on 14 March 2018, two notices were issued to protect MI6 in relation to some aspects of theSkripal affair.In the early 1990sSergei Skripalwas recruited byPablo Miller,the MI6 agent inside the UK embassy toEstoniainTallinn.The MI6 officerunder diplomatic coverin Moscow at this time wasChristopher Steele.Miller was also the handler of Skripal after he went to jail and was released by Russia in a spy swap. Both lived inSalisbury.Steele and Miller worked forOrbis Business Intelligencewhich compiled the controversialSteele dossier,comprising 17 memos written in 2016 alleging misconduct and conspiracy betweenDonald Trump's presidential campaignand thePutinadministration. While the precise nature of the relations between Skripal, Miller, and Steele were hidden, enough was already known to raise questions about Skripal's ongoing involvement with British intelligence.[12][13][14]

Australia

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A voluntary system of D-Notices was also used inAustraliastarting in 1952 during theCold Warperiod; these were issued by the Defence, Press and Broadcasting Committee. At the first meeting of the Committee, eight D-Notices were issued covering atomic tests in Australia, aspects of naval shipbuilding, official ciphering, the number and deployment ofCenturion tanks,troop movements in theKorean War,weapons and equipment information not officially released, aspects of air defence and certain aerial photographs.[15]

In 1974, the number of D-Notices was reduced to four, covering:[15]

  1. Technical information regarding navy, army and air force weapons, weapons systems, equipment and communications systems;
  2. Air operational capability and air defences;
  3. Whereabouts ofVladimir PetrovandEvdokia Petrova;and
  4. Ciphering and monitoring activities.

A fifth D-Notice relating to theAustralian Secret Intelligence Service(ASIS) was issued in 1977.[15]

In 1982, D-Notices were again revised to four.[16]

The Defence, Press and Broadcasting Committee has not met since 1982 although the D-Notice system remains the administrative responsibility of theMinister for Defence.[15]The D-Notice system fell out of common use at the end of the Cold War but remained in force. The 1995 Commission of Inquiry into the Australian Secret Intelligence Service reported that newspapers confessed ignorance that the D-Notice system was still operating when it was drawn to their attention in 1993 and 1994.[17]

On 26 November 2010,Australian Attorney-GeneralRobert McClellandsent a letter to heads of Australian media and other organisations proposing the creation of a new system similar to the D-Notice system.[18]The proposed National Security Legislation Amendment Bill (2014) has been described as an extension of the D-Notice system that would subject journalists who reveal details of intelligence operations to criminal penalties.[citation needed]

Sweden

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DuringWorld War II,thegovernment agencyStatens Informationsstyrelsedistributed gray notices ( "grå lappar" ) to the media. The notes requested the media not to report on certain events that were not to become public knowledge for political or military reasons. During the war, a total of 260 gray notices were distributed to the media.[19]

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The use of the D-Notice is demonstrated and referenced several times in the first episode of theBlack Mirrortelevision series, first aired in 2011. The episode is titled "The National Anthem"and within it the UK government imposes a D-Notice to try to stifle a controversial ransom demand that the (fictional) prime minister have sex with a pig to secure the release of a member of the royal family.

In the comic book seriesTransmetropolitan(1997), a legally binding type of D-Notice is issued by the US President in an attempt to prevent the main character, gonzo journalistSpider Jerusalem,from exposing police corruption and a government-sponsored massacre.

The filmDefence of the Realm(1986) illustrates the implications of the D-Notice protocols.

In the filmThe Bank Job(2008), MI5 discusses issuing a D-Notice about sensitive photos stolen from a safe deposit box during a bank heist.

In the filmOfficial Secrets(2019), a journalist fromThe Observerquestions whether a D-Notice would be applied to a story which exposes intelligence leaked by a GCHQ employee.

In Season 2 (2021) of theSky Onetelevision drama seriesCOBRA,the Foreign Secretary points out that a D-Notice could be issued to prevent unwanted journalistic reporting, and has it pointed out to him by the Head of MI5 that they are now called DSMA-Notices.

In Season 4 Episode 1 (2017) ofSherlock,Mycroft Holmes mentions putting out a D-Notice to prevent any unauthorised disclosure of the contents of the meeting held behind closed doors.

In Season 2 Episode 2 of theBBCtelevision seriesThe Capture(2019), at 32 minutes in, DSUGemma Garland(played by Lia Williams) mentions 'you can't broadcast it; we'll slap a D-Notice on it.'

In Season 2, Episode 3 of theITVtelevision dramaTrigger Point,Commander John Francis (portrayed byJulian Ovenden) makes a veiled threat to issue a D-Notice, to silence a journalist and their editor following an explosive device being sent to the journalist's place of work. The editor acknowledges that they are not legally binding.

See also

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References

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  1. ^"The DSMA Notice System – Welcome to the website of the Defence and Security Media Advisory (DSMA) Committee".
  2. ^"Standing DA Notices".Archived fromthe originalon 20 September 2015.Retrieved2 September2015.
  3. ^abSimon Roberts (8 January 2009)."D-Notices – UK's defence self censorship system".
  4. ^Thorpe, Vanessa; arts; correspondent, media (11 March 2007)."Untold story of Baker Street bank robbery".The Observer.ISSN0029-7712.Retrieved17 September2023.{{cite news}}:|last3=has generic name (help)
  5. ^Duncan Campbell, Senior Correspondent,The Guardian,speaking on 'The Baker Street Robbery', DVD Group Inc production forLionsgate FilmsInc, 2008
  6. ^"£30,000 bail for man on bank raid charge."The Times(30 November 1971)
  7. ^Naughton, Philippe; Evans, Michael; Jenkins, Russell (9 April 2009)."Police chief Bob Quick resigns from the Met over terror blunder".The Times.London.[dead link]
  8. ^Butselaar, Emily (26 November 2010)."Wikileaks: UK issues DA-Notice as US briefs allies on fresh leak".Index on Censorship.Retrieved26 November2010.
  9. ^"WikiLeaks And The Role Of The DA Notice System".Archived fromthe originalon 30 November 2010.Retrieved27 November2010.
  10. ^Watt, Nicholas (28 October 2013)."David Cameron makes veiled threat to media over NSA and GCHQ leaks".The Guardian.
  11. ^abCox, Joseph (12 January 2017)."UK Asks Journalists to Not Name Ex-Agent Allegedly Behind Trump Report".Motherboard.Vice News.Retrieved7 July2017.
  12. ^Borisov, Pavel (6 March 2018)."A hundred grand and hundreds of betrayed agents".Meduza.Retrieved9 July2019.
  13. ^Miller, David (8 May 2018)."Revealed: rebranded D-Notice committee issued two notices over Skripal affair".Spinwatch.Retrieved9 July2019.
  14. ^Hodge, Nathan; Shukla, Sebastian; Jordan, Carol; Ilyushina, Mary (9 March 2018)."Hospitalized Russian spy linked to Russia-UK spy wars".CNN.Archivedfrom the original on 14 March 2018.Retrieved9 July2019.
  15. ^abcdSadler, Pauline (May 2000). "The D-Notice System". Australian Press Council News.
  16. ^"Fact sheet 49 – D Notices".National Archives of Australia. Archived fromthe originalon 27 September 2011.
  17. ^Gordon J. Samuels and Michael H. Codd (1995),Report on the Australian Secret Intelligence Service - Commission of Inquiry into the Australian Secret Intelligence Service,Australian Government Publishing Service, pp. 114–115,ISBN0-644-43201-2
  18. ^Stewart, Cameron (26 November 2010)."Attorney-General Robert McClelland urges media to accept security curbs".The Australian.Archivedfrom the original on 27 November 2010.Retrieved26 November2010.
  19. ^Ingrid Adielsson. "Det ofria ordet — Censur och tryckrihet 1766–1810 och 1920–1945"(p 54), Magisteruppsats vidUppsala Universitet,hösten 2007. Åtkomst den 15 april 2018.
  20. ^Editorialists have dubbed this the "G-notice", asGoogledelivers notices to news publications that their articles cannot be indexed.Brendan O'Neill (15 August 2014)."Google: We must reverse the new tide of censorship sweeping Europe".The Telegraph.

Further reading

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