(ARTICLE 19/IFEX) – The following is an ARTICLE 19 statement: Updated briefing note on the draft Law on Free Access to Information of Public Importance (as amended) ARTICLE 19 has released an updated Briefing Note analysing the amendments to the Serbian “Draft Law on Free Access to Information of Public Importance” (the new draft Law), […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 statement:
Updated briefing note on the draft Law on Free Access to Information of Public Importance (as amended)
ARTICLE 19 has released an updated Briefing Note analysing the amendments to the Serbian “Draft Law on Free Access to Information of Public Importance” (the new draft Law), currently being discussed by the Serbian Parliament.
This Note updates our analysis of July 2003, which noted a number of positive elements within the original draft Law, including an obligation to publish, a procedure for accessing information and an appeals process. However, we also identified a number of shortcomings. Unfortunately, the majority of our recommendations to address these shortcomings have not been addressed by the recent amendments. In fact, some of the positive features we initially identified have been removed from the new version of the Law.
Key problems with the new draft Law are as follows:
* despite some amendments, the provisions defining the scope of the new draft Law remain confusing and contradictory;
* the regime of exceptions still allows for additional exceptions to be imposed by other laws; and
* the provision which had provided some measure of whistleblower protection has been removed.
This Updated Briefing Note follows the format of the original Memorandum, looking, in turn, at the scope of the new draft Law, the provision for open meetings, the regime of exceptions, the appeals and complaints procedure, whistleblower protection and the imposition of fines and damages. Since no significant changes were made to the draft Law’s “Access Procedure”, the comments contained in our first Memorandum remain applicable.
The Updated Briefing Note can be found on the ARTICLE 19 website, at: http://www.article19.org/docimages/1670.doc
