The New Defence Regulations (1940)

From the June 1940 issue of the Socialist Standard

On May 9th the Home Secretary, Sir John Anderson, announced in the House of Commons that the Defence Regulations affecting propaganda had been amended. The amendment had taken place after consultation with members of the opposition parties, but it was pointed out by Mr. Attlee for the Labour Party that the consultations “in no way implied that those members either approved or disapproved of the regulations, which were, necessarily; put forward on the sole responsibility of the Government.”

The relevant part of the Home Secretary’s speech is reproduced below : —

The Home Secretary’s Statement

“The second group of Regulations is concerned with the activities of individuals and organisations who, by spreading defeatist or anti-war propaganda, are seeking to undermine public morale and to weaken the resolution of the people to prosecute the war to a successful issue. As I said in my reply to Questions on 25th April, there is a risk that our traditional reluctance to limit the free expression of minority opinions may be exploited by persons whose real purpose is to hamper, for ulterior motives, the war effort of the nation. The Defence Regulations introduced on the outbreak of war included stringent provisions dealing with propaganda, under which it would have been an offence for any person to endeavour to influence public opinion in a manner likely to be prejudicial to the defence of the realm or the efficient prosecution of the war; but after the Debate on the Regulations which took place in this House on 31st October last there was a drastic curtailment of those provisions of the Regulations which had attracted special opposition on the ground that they were capable of being used for the suppression of minority opinions. The Government are anxious to avoid any unnecessary interference with our traditional liberties, but they feel that a distinction can and must now be drawn between the mere expression of honest opinion on the one hand and, on the other, the deliberate and systematic advocacy of defeatist or antiwar policies with intent to weaken the national resolution to prosecute the war to a successful conclusion.

Legal provisions on this subject must necessarily be cast in somewhat general terms if they are to cover all forms of propagandist activity which are prejudicial to the national interests; and the difficulty has always been to find a form of words which will suffice to check the really mischievous activities without at the same time penalising expressions of opinion, with which we should all desire to avoid interference, however much we may disagree with the opinion expressed. The consultations which I have held have led me to the conclusion that this point cannot be fully met except by giving, to a responsible Minister answerable to Parliament, an administrative discretion to determine in what cases individuals or organisations should be made liable to criminal proceedings for engaging in mischievous activities of this kind; and in the new Regulation which has now been made a novel procedure has been adopted in order to secure that the sanctions of the criminal law shall be applied only to persons acting with deliberate intent to prejudice the national interest. The Regulation provides for the issue of a warning to any person or organisation who appears to the Secretary of State to be concerned in the systematic publication of matter calculated to foment opposition to the prosecution of the war to a successful issue. The warning will draw attention to the matter objected to and will make it clear that if after the warning there is any future publication of matter calculated to foment such opposition the person or persons concerned will become liable to prosecution under the Regulation. Until a warning has been issued no person can be prosecuted for an offence under the Regulation; but if after receiving such a warning there is a continuance of mischievous activities those responsible then become liable to prosecution and, if convicted, to heavy penalties—namely, seven years’ penal servitude or a fine of £500, or both.

The Regulation provides ample safeguards against any misuse of the new powers which it confers. In the first place the Secretary of State must be satisfied, not by an isolated remark but by a consistent course of conduct, that there is systematic publication of matter which is calculated to foment opposition to the prosecution of the war to a successful issue, and further that the continuance of these activities may cause serious mischief. Then there must be a formal warning by a notice in writing of the consequences of persistence in this course of conduct. Then, if such conduct is persisted in, proceedings based on a specific contravention of the Regulation can be instituted only with the consent of the Attorney-General and can be taken only at Assizes or courts of corresponding jurisdiction; and the defendant cannot be convicted if he can show to the satisfaction of the court that he had no intent to foment opposition to the prosecution of the war to a successful issue and had no reasonable cause to believe that his activities were calculated to foment such opposition. I hope that what I have said will suffice to satisfy the House that this new Regulation is so drawn as to penalise only deliberate, organised and systematic efforts to undermine the national morale; and I need hardly add that it is the firm intention of the Government to apply the criminal sanctions provided by this Regulation only in cases of real gravity where the national interests may be seriously threatened.

A second Regulation in this group is designed to extend and strengthen the provisions of Defence Regulation 39A, under which it is already an offence to endeavour to seduce from their duty persons in His Majesty’s service or in the various services of Civil Defence. Experience has shown that it is not enough to restrict this provision to persons already embodied in the various services. The efforts of those who wish to undermine the efficiency of these services may be directed not to persons already serving but to those who are shortly to be called up for service; and the Regulation has therefore been amended so as to make it equally an offence to endeavour to incite persons liable to such service to evade their duties or to endeavour to incite persons to abstain from enrolling voluntarily in any of the defence services. Here again care has been taken to avoid penalising the mere expression of opinion. It will be no offence merely to state the statutory rights of men liable to military service to claim exemption on conscientious grounds, nor will the Regulation prevent the giving of guidance to a young man who is troubled in conscience and seeks advice from a priest or a friend. The Regulation is aimed at those who try to incite young men liable to military service to simulate conscientious objections for the purpose of evading their duties. I am satisfied that this limited provision is necessary and that it will command general support.

Finally, power has been taken to apply really effective sanctions against the use of printing presses for the production of publications which contravene either the new Regulation dealing with the corruption of public morale, or the expanded provisions of Regulation 39A regarding attempts to cause disaffection or Regulation 39B dealing generally with the publication of false statements prejudical to the national interests. Under this new Regulation the Secretary of State may, if he is satisfied that any printing press has been used for the production of any document in respect of which any person has been convicted of an offence under any of these three Regulations, direct that the press shall not be used for any purpose until the leave of the High Court has been obtained for its further use. The High Court may grant such leave if satisfied that the use of the printing press for the production of the offending document was due to a mistake, or even though not so satisfied may grant leave for its future use subject to conditions, or may if it thinks fit order that the printing press shall be destroyed. In many cases documents constituting an offence under these Regulations will have been printed, by persons other than those convicted of distributing or publishing them; and in serious cases it is desirable that there should be power to bring it home to the printer that his plant cannot be used with impunity for the production of mischievous documents of this character which contravene the law. A power to seal up the printer’s plant is likely to operate as a more effective deterrent than criminal proceedings leading to a fine; and this new power should materially reduce the extent to which printing presses will be made available for the production of documents of this type.”

Text of the Regulation regarding publications

The following is taken from the Manchester Guardian, May 31st, 1940.

“Power to suppress a newspaper is provided by a new Emergency Powers (Defence) Regulation, issued yesterday, which reads: 

1. If the Secretary of State is satisfied that there is, in any newspaper, a systematic publication of matter which is, in his opinion, calculated to foment opposition to the prosecution to a successful issue of any war in which his Majesty is engaged, he may by order apply the provisions of this regulation to that newspaper.

2. No person shall print, publish, or distribute or be in anyway concerned in the printing, publication, or distribution of any newspaper to which this regulation applies.

3. An order of the Secretary of State under this regulation specifying a newspaper by name shall have effect not only with respect to any newspaper published under that name but with respect to any newspaper published under any other name if the publication thereof is in any respect in continuation of, or in substitution for, the publication of the news¬ paper named in the order.”

Another regulation empowers the Secretary of State to seize printing presses used in the production of a newspaper it he is satisfied that the newspaper is one in which there has been a systematic publication of matter which is, in his opinion, calculated to foment opposition to the prosecution to a successful issue of any war in which his Majesty is engaged.