The right to freedom of expression and media freedom enable the free flow of information in order for the public to hold their governments to account. While the protection of national security can be a legitimate ground for restricting the right under international law, such restrictions are narrowly defined. Governments must show that a restriction is necessary to achieve a legitimate purpose and must be proportionate to the aim pursued. The presumption in favour of freedom of expression requires governments to demonstrate that the expression will actually harm national security; it is not sufficient to simply say that it will. National security should never be used to justify preventing disclosures of illegalities or wrongdoing, no matter how embarrassing such disclosures may be to the UK or other governments. In the case of Snowden and the Guardian, the disclosures have facilitated a much-needed public debate about mass surveillance in a democracy, and exposed the possible violation of the fundamental human rights of millions of people worldwide. As such, no liability should be incurred as the benefit to the public outweighs the demonstrable harm to national security.
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