(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release: MODEL LAW ON FREEDOM OF INFORMATION – NOW AVAILABLE ONLINE (1) A Model Freedom of Information Law is based on best international practice, as reflected in The Public’s Right to Know: Principles on Freedom of Information Legislation (2), as well as a number of […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release:
MODEL LAW ON FREEDOM OF INFORMATION – NOW AVAILABLE ONLINE (1)
A Model Freedom of Information Law is based on best international practice, as reflected in The Public’s Right to Know: Principles on Freedom of Information Legislation (2), as well as a number of freedom of information laws from around the world. It is intended to respond particularly to the freedom of information needs of the countries of South Asia, and as such reflects a common law drafting style (3). At the same time, it represents global standards in this area and, therefore, is also relevant to civil law countries.
The right to information is guaranteed in international law, including as part of the guarantee of freedom of expression in Article 19 of the International Covenant on Civil and Political Rights. Many countries around the world are now giving legal effect to this right, both by enshrining access to information in their constitutions and by adopting laws which give practical effect to it, providing concrete processes for its exercise.
In this context, the term ‘model’ is not used to suggest that all countries should take this as a fixed template for their own legislation. Every country has different informational needs and different structures, and laws must be adapted accordingly. Rather, the term ‘model’ is used to signify that it is through a law incorporating the types of provisions set out here that maximum effect is given to practical disclosure of information, in accordance with the best standards on the right to know.
A Model Freedom of Information Law provides for an enforceable legal right to access information held by public bodies upon submission of a request. Everyone may claim this right, and both information and public bodies are defined broadly. The Law also provides for a more limited right to access information held by private bodies, where this is necessary for the exercise or protection of any right. In this respect, it follows the South African legislation in recognising that much important information is held by private bodies, and that to exclude them from the ambit of the law would significantly undermine the right to information.
NOTES
1. The Model Law is online at www.article19.org/docimages/1112.htm.
2. ARTICLE 19 (June 1999). Online at www.article19.org/docimages/512.htm.
3. This publication is part of a joint project, Promoting a Right to Freedom of Information in South Asia, which ARTICLE 19 is undertaking in collaboration with the Centre for Policy Alternatives (CPA – Colombo, Sri Lanka), the Commonwealth Human Rights Initiative (CHRI – New Delhi, India), and the Human Rights Commission of Pakistan (HRCP – Lahore, Pakistan).
