MEANING AND ORIGIN OF THE RIGHT TO INFORMATION
A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copied of documents or records; taking certified samples of material held by the public authority or held under the control of the public authority.
The champions of democracy have emphasized the need and importance of people’s participation in the process of governance on the basis of adequate access to official information. Several international conventions have also prevailed upon the national governments to bring about a special legislation to ensure public right of access to government information. These international efforts have sought to promote democracy, the rule of law, just and honest government and fundamental human rights. The new millennium is regarded as an era of transparency and accountability on the part of government and all sectors of society concerned with public welfare and progress.
Equitable, fair, transparent and justice-ridden administration pre-supposes that persons should be made aware of the Laws, Rules, Regulations and Administrative Guidelines by which their affairs will be governed. Thus, right to information has a dynamic role in constitutional governance. All information available with the government or the information to which the government/ public authorities have access has to be made available to citizens whenever they ask.
Q. 1. Define and discuss ‘information’. Why is there the need to information? for right
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Discuss the need and importance of right to information.
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Discuss that “right to information is necessary for self expression, which is an important means of free conscience and self-fulfillment.”
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Explain the objects of right to information.
Ans. Meaning of information- The word ‘information’ is derived from the Latin word “informo’, which means ‘information’ in English
(1) Information is any material in any form. It includes records, documents. memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form.
(2) Information also includes information relating to any private body. which can be accessed by the public authority under any law for the time being in force
NEED/IMPORTANCE OR OBJECTS OF RIGHT TO INFORMATION
Ours is a constitutional democracy. The Right to Information is considered one of the important features of proper governance. The public interest is better served by effective application of the right to information. This freedom has been accepted in one form or the other in various parts of the world.
According to HARSH MANDER, “the greater the access of the citizen to information, the greater would be the responsiveness of government to community needs. Without information, people cannot adequately exercise their rights and responsibilities as citizens or make informed choices.”
Civil societies recognize that individuals and groups must have the right to access information held by their government, its agencies and other public bodies, which relates to matters of public interest and affects people in general.
The free flow of information about affairs of government paves way for debate in public policy and fosters accountability in government. It creates a condition for ‘open governance’, which is a foundation of democracy. 2
The citizens of a country have a right to impart and receive information as part of their right to know. The State is under the obligation to respect this right of the citizens. It has to ensure conditions under which this right can be effectively enjoyed by one and all. The right to information is needed for the following reasons-
(1) Necessary for self-expression- Right to information is necessary for self-expression. It enables people to contribute on social and moral issues It is only through it that ideas can be circulated.
(2) Development of society- Right to information is fundamental in the development of society and in eradicating poverty. Effective anti-poverty programmes require accurate information on problems obstructing development. If the people have information about public policies, meaningful debates can take place on such policies designed to tackle the problems of poverty.
(3) Necessary to know about acts done in public domain- The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction. (State of UP vs Raj Narain. AIR 1975 SC 865. (1975) 3 SCR 333; (1975) 4 SCC 428]
(4) Crucial for functioning of democracy-Information is essential for the functioning of a true democracy, People have to be kept informed about current affairs and broad issues-political, social and economic. Free exchange of ideas and free debate are essentially desirable for the government of a free country.
Democracy means “government of the people, by the people and for the people”. However, if the citizens are ignorant of the decisions taken by the government and reasons advanced for the same, there can be no government by the people. The public has the fundamental right to know what the government has been doing in its name.
Freedom of expression, free dissemination of ideas and access to information are vital to the functioning of a democratic government. Information is crucial for a vibrant democracy and good governance as it reflects and captures government activities and processes. Access to information facilitates active participation of the people in the democratic governance process. It also promotes openness, transparency and accountability in administration. The right of every citizen to access information held by or under the control of public authorities can, thus, be an effective tool for good governance.
(5) Helps in combating corruption- Right to information laws are critical tools in the fight against corruption. Although corruption exists in all societies, it has a particularly harmful effect on less developed countries. Corruption discourages foreign investment and eats away the budgets allocated for public procurements. It also weakens political institutions by reducing public confidence in their operation. If unbridled corruption continues to infect a society or political system, it may eventually lead to social unrest.
SOLI SORABJEE says, “lack of transparency was one of the main causes for all pervading corruption and right to information would lead to openness, accountability and integrity.”
According to noted JURIST PB SAWANT, “the barrier to information is the single most cause responsible for corruption in society. It facilitates clandestine deals, arbitrary decisions, manipulations and embezzlements. Transparency in dealings, with their every detail exposed to the public view, should go a long way in curtailing corruption in public life.”
The Right to Information Act emphasizes the need for transparency and accountability in the working of every public authority to keep the citizenry informed and to make the government and its instrumentalities accountable to the governed. Transparent governance is essential to restore accountability. It is an essential feature of good governance.
(6) Assures citizens’ participation in democracy- The democracy cannot exist unless all citizens have a righeto participate in the affairs of the polity of the country. The right to participate in the affairs of the country is meaningless unless the citizens are well informed on all sides of the issues, in respect of which they are called upon to express their views. [Secretary, Ministry of Information and Broadcasting vs Cricket Association of Bengal. (1995) 2 SCC 1611
(7) Limiting abuse of discretion- Officials can abuse their discretion to suit various political or other vested interests. They may as well misappropriate funds. The right to information is important to check abuse of administrative discretion and to ensure fair process.
(8) Protection of civil liberties- The right to information is also necessary for protecting civil liberties. For example, by making it easier for civil society groups to monitor wrongdoing such as encounter killings or the abuse of preventive detention legislation. Violations in custody range from blinding prisoners, keeping convicts in jail long after they have served their sentences, and abuse of women and children. Effective community monitoring of these institutions, for example, through unofficial visits, is dependent upon access to information. It is necessary to address the problem of torture and ill-treatment in custodial situations by enforcing transparency through specific guidelines. Hon’ble Supreme Court has observed that, “Custodial violence, including deaths and torture in the lockups, strikes a blow at the rule of law. Transparency of action and accountability perhaps are the two safeguards which this court must insist upon.” [DK Basu vs State of West Bengal (1997) / SCC 216]
(9) Essential for media- The media provide a link between the people and their government. This media has played a major role in the freedom struggle as well as during the period of internal emergency, when civil and political rights were suspended. The media’s right to information is not a special privilege. It is rather an aspect of the public’s right to know. The lack of a right to access official information causes many problems for the media. Balanced reporting is often difficult and it may be impossible to substantiate facts. Hence. there is the need of right to information.
Thus, the above discussion reveals that the right to information is necessary due to the following reasons-
(a) Right to information makes administration more accountable to people.
(b) It reduces the gap between administration and people.
(c) It makes people aware of administrative decision-making.
(d) It facilitates better delivery of goods and services to people by civil servants.
(e) It facilitates intelligent and constructive criticism of administration.
(f) It increases people’s participation in administration.
(g) It promotes public interest by discouraging arbitrariness in administrative decision-making.
(h) It reduces the scope for corruption in public administration.
(i) It upholds the democratic ideology by promoting openness and transparency in administration.
(j) It makes administration more responsive to the requirements of people.
(k) It reduces the chance of abuse of authority by the public servants
Thus, the Right to Information Act, 2005, is a tool that helps in curbing corruption in government offices. It makes the various bodies, agencies and departments of the government accountable to the public. This prevents arbitrary action on the part of the government officers. The RTI Act is essentially a practical roadmap, detailing how citizens of India can gain access to information, which in turn will promote good governance.
Q. 2. Discuss that “right to information is universally recognized.”
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Discuss right to information in different countries.
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“There is an exciting global trend towards recognition of the right to information by States, intergovernmental organizations, civil society and the people.” Discuss.
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Discuss “global acceptance of the right to information.”
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“Right to information has its basis in international covenants.” Discuss.
Ans. Global trends on right to information-Freedom of information, including the right to access information held by public bodies, has long been recognized as important for democracy, accountability and effective participation in the governance of a country. It is also considered as a fundamental human right, protected under international and constitutional law. Declarations and interpretations at a number of international bodies, including the United Nations (UN), the Commonwealth, the Organization of American States (OAS) and the Council of Europe (CoE), as well as developments in various countries amply demonstrate this.
Access to government records and information is an essential requirement for modern government for developing and maintaining a civil and democratic society. It provides important safeguard against abuses, mismanagement and corruption. It can also be beneficial for governments themselves. Openness and transparency in the decision making process can assist in developing citizens’ trust in government actions. Governments around the world are increasingly making more information about their activities available. Over 50 countries around the world have now adopted comprehensive Freedom of Information Act to facilitate access to records held by government bodies and over thirty more have pending efforts. The growth in transparency is in response to demands by civil society organizations, the media and international lenders. Governments in the information age must provide information to survive.
(1) The right to freedom of expression is guaranteed by Article 19 of the Universal Declaration of Human Rights (UDHR).
(2) The International Covenant on Civil and Political Rights (ICCPR) states-“Everyone shall have the right to freedom of expression. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice.”
(3) At its very first session in 1946, the United Nations General Assembly declared-
“Freedom of information is a fundamental human right and touchstone of all the freedoms to which the United Nations is consecrated.”
(4) The importance of freedom of information, including the right to access information held by the State, has been recognized by the Commonwealth. In 1980, the Law Ministers of the Commonwealth stated that “public participation in the democratic and governmental process was at its most meaningful when citizens had adequate access to official information.”
(5) In 1994, the Inter-American Press Association, a regional non-governmental organization (NGO), recognized freedom of information as a fundamental right. This includes the right to access information held by public bodies.
(6) European Convention on Human Rights (ECHR) guarantees freedom of expression and information as a fundamental human right in Article 10.
(7) In some countries, courts have held that the right to access information held by the State is protected by a constitutional right to freedom of expression. The Supreme Court of Japan has established that “shiru kenri (the right to know) is protected by the guarantee of freedom of expression in Article 21 of the Constitution.”
(8) In South Korea, the Constitutional Court has ruled that there was a “right to know” inherent in the guarantee of freedom of expression in Article 21 of the Constitution. However, in certain circumstances, government officials may refuse to disclose requested documents.
(9) In Thailand, section 58 of the 1997 Constitution states that “a person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization. However, the disclosure of such information should not affect the security of the State, public safety or interests of other persons.
(10) In Nepal, the 1990 Constitution protects the right to access and receive information. Article 16 states-“Every citizen shall have the right to demand and receive information on any matter of public importance.”
(11) In the Philippines, the Constitution guarantees the right to access information held by the State “The right of the people to information on matters of public concern shall be recognized. Access to official records and documents, and papers pertaining to official acts, transactions, or decisions as well as to government research data used as basis for policy development, shall be afforded to the citizens subject to such limitations as may be provided by law.”
(12) Article 37 of the Constitution of Malawi states as following- “Subject to any Act of Parliament, every person shall have the right of access to all information held by the State or any of its organs at any level of government in so far as such information is required for the exercise of his rights.”
(13) Section 32 of the Constitution of the Republic of South Africa provides as following-
“Everyone has the right of access to-
(a) any information held by the State; and
(b) any information that is held by another person and is required for the exercise or protection of any rights.”
(14) Article 43 of the Constitution of Argentina states that “Every person shall have the right to file a petition (of habeas data) to see any information that public or private data banks have on file with regard to him and how that information is being used to supply material for reports. If the information is false or discriminatory, he shall have the right to demand that it be removed, be kept confidential or updated, without violating the confidentiality of news sources.”
(15) The Constitution of Peru also guarantees habeas data. It also includes a more general guarantee of the right to access information held by public bodies. Article 2 (4) states that, “All persons have the right to request, without providing a reason, information that one needs. They also have a right to receive that information from any public entity within the period specified by law. Information that affects personal privacy and that is expressly excluded by law or for reasons of national security is not subject to disclosure.”
(16) In Romania, Article 31 of the 1991 Constitution states-
(a) A person’s right to access information of public interest cannot be restricted.
(b) The public authorities shall be bound to provide correct information to the citizens as regards public affairs and matters of personal interest.
(c) The right to information shall not be prejudicial to the protection of the young or to national security.
(16) The Constitutions of Bulgaria, Estonia, Hungary, Lithuania, Moldova, Poland, and the Russian Federation all guarantee the right to acces sinformation held by the State.
Q. 3. Give a brief description of the historical background of the right to information law in India.
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How the right to information originated in India?
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Write the history of the right to information with reference to India.
Ans. Historical background of the right to information- The right to information was harnessed as a tool for promoting development; strengthening the democratic governance and effective delivery of socio-economic services. It is also said that information and knowledge are important for realizing human aspirations such as improvement in the quality of life. Sharing of information, for instance, about the new techniques of farming, health care facilities, hazards of environmental degradation, opportunities for learning and earning, legal remedies for combating gender bias etc., have made significant contribution to the well being of poor people.
Initiative of Mazdoor Kisaan Shakti Sangathan (MKSS)- The real movement for right to information in India originated from the grassroot level. A mass based organization called the Mazdoor Kisaan Shakti Sangathan (MKSS) took an initiative to lead the people in a very backward region of Rajasthan – Bhim Tehsil – to assert their right to information. The people started asking for copies of bills and vouchers and names of persons who were shown in the muster rolls on the construction of schools, dispensaries, small dams and community centres as having been paid wages. On paper, such development projects were all completed. But, the villagers were of the view that there was gross misappropriation of funds. There were roofless school buildings, dispensaries without walls, dams left incomplete, community centres having no doors and windows, and poor quality of cement being used for construction.
After years of knocking at officials’ doors, MKSS succeeded in getting photocopies of certain relevant documents. Misappropriation of funds was obvious. In some cases, the muster rolls contained names of persons who either did not exist at all or had died years before.
MKSS organized a Jan Sunwai (people’s hearing), the first ever in the history of Rajasthan. Politicians, administrators, landless labourers and private contractors were all invited to listen people’s grievances and respond to them and, if willing, to defend themselves. However, most of the government officials and politicians stayed away and remained silent.
Between December 1994 and April 1995, several other public hearings were organised. People’s anger made one engineer of the State Electricity Board to return, in public, an amount of Rs. 15, 000 he had extracted from a poor farmer. This grassroot movement spread fast to other areas of Rajasthan and to other States. People started realizing that information was power. Hence, they should have the right to official information – how public money is spent and how the same is accounted for.
The Rajasthan experience on demanding right to information was echoed in other States.
Awareness created by Loksatta ‘Loksatta’, an NGO in Andhra Pradesh had undertaken mass awareness campaigns across the State and through a ‘post card campaign’. This NGO also made representations to the Prime Minister of India demanding the enactment of a right to information law.
The Chief Ministers Conference- The need to enact a law on right to information was recognized in the Chief Ministers Conference on “Effective and Responsive Government”, held on 24th May, 1997 at New Delhi. The Government of India decided to set-up a Working Group (on the Right to Information and Promotion of Open and Transparent Government) in January 1997 under the chairmanship of HD Shouri. It submitted its detailed report and a Draft Bill on Freedom of Information in May 1997.
The Freedom of Information Act, 2002-The Press Council of India, the Press Institute of India, the National Campaign for People’s Right to Information and the Forum for Right to Information submitted a resolution to the Government of India to amend the proposed Bill in February, 2000. The Government of India introduced the Freedom of Information Bill, 2000 in the Lok Sabha on 25 July 2000. The Bill, which cast an obligation upon public authorities to furnish such information wherever asked for, was passed by the Parliament as the Freedom of Information Act, 2002. However, the Act could not be brought into force because the date from which the Act could come into force, was not notified in the Official Gazette.
THE RIGHT TO INFORMATION ACT, 2005
The Central Government set up a National Advisory Council (NAC). The Council suggested important changes to be incorporated in the Freedom of Information Act, 2002. After examining the suggestions of the Council and the public, it was decided that the Act of 2002 should be replaced. In fact, an attempt was made to enact another law for providing an effective framework. The Act of 2002 was needed to be made even more progressive, participatory and meaningful. The important changes proposed to be incorporated therein included establishment of appellate machinery with investigative powers to review the decision of the Public Information Officer, providing penal provisions in the event of failure to provide information as per law, etc. This Bill was passed by both the Houses of Parliament and upon receiving the assent of the President on 15th June, 2005; it came on the statute book as the Right to Information Act, 2005.
Democracy requires an informed citizenry and transparency of information, which are vital to its functioning, and to contain corruption and to hold governments and their instrumentalities accountable to the governed. The Right to Information Act provides effective access to information for citizens of India, which is under the control of the public authorities. It promotes transparency and accountability in the working of every public authority.
Right to live loses much of its meaning, if a citizen’s right to information is denied. In the preamble to the Act, this has been widely acknowledged as a necessity by way of commitment for creation of an informed citizenry, to contain corruption and enhance accountability and transparency in the working of public authorities.
Q. 4. Give a brief account of the important provisions of the Right to Information Act, 2005.
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Explain the salient features of the Right to Information Act, 2005.
Ans. Salient features of RTI Act- The Right to Information Act is a progressive legislation based on citizen’s right to know which is a fundamental right enshrined in the Constitution of India. The purpose of the Act is to make the executive accountable and ensure transparency in the implementation of schemes and policies. Under the Act, information may be sought from a public authority as defined under the Act.
JUSTICE VR KRISHNA IYER in his book ‘Freedom of Information’ viewed that “the right to information is a right incidental to the constitutionally guaranteed right to freedom of speech and expression.”
The Right to Information Act is enacted to provide for setting out practical regimes of Right to Information for citizens to secure access to information under control of public authorities, in order to promote transparency and accountability in working of every public authority.
Silent features of the Right to Information Act, 2005 are as follows-
(1) Provision for seeking information from public authority- The RTI Act gives an important right to the citizens of India to seek information from the public authority, such as government organizations, government department, local bodies etc. The term information includes any mode of information in any form of record, document, e-mail, circular, press release, or electronic data etc.
(2) Authority to reply within 30 days- Any citizen may request information from a ‘public authority’ (a body of government or instrumentality of State) which is required to reply expeditiously or within thirty days.
(3) Nature of right-Citizens have a right to-
(a) request any information;
(b) take copies of documents;
(c) inspect documents, works and records;
(d) take certified samples of materials of work; and
(e) obtain information in the form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode.
(4) Provision for exceptions when information is not given-The RTI Act also provides some exceptions under which the public authorities have no obligation to give any official information to any citizen. These exceptions are as follows-
(a) Information relating to integrity, security, sovereignty and strategic, economic & scientific interest of the State.
(b) Information which has been expressly restricted by any court of law to be published.
(c) If disclosure will cause a breach of privilege of Parliament or State Legislature.
(d) Information including IPR (Intellectual Property Rights) & trade secrets.
(e) Information received in confidence from any foreign government.
(f) Information, the disclosure of which would endanger the life or physical safety of any person.
(g) Information related to the process of investigation and prosecution.
(h) Cabinet papers including records of deliberation of Council of Ministers and other high-level officials.
(i) Personal information, disclosure of which has no relationship with any public activity or interest.
(5) Setting-up of Commissions- The Act provides for setting up of Central Information Commission and State Information Commission. These Commissions act as the Second Appellate Authority and exercise supervision and monitoring over the functioning of Public Information Officers.
(6) Computerisation and publication of records– The Act also requires every public authority to computerize records for wide dissemination and publish certain categories of information so that the citizens need minimum recourse to request for information formally.
(7) Public authority to provide information-Every public authority has to provide essential information to the public through various channels of information (including internet) at frequent intervals so that the use of the RTI Act to obtain information can be kept to a bare minimum.
(8) Information within prescribed time-Applicant can obtain information within 30 days from the date of request. In specific circumstances, information can be obtained within 48 hours from the time of request, if it is a matter of life or liberty of a person.
(9) Penalty for not providing information-Penalty for refusal to receive an application for information or for not providing information is Rs. 250/- per day but the total amount of penalty should not exceed Rs. 25,000.
(10) Provision for appeal- If an applicant is not supplied information within the prescribed time of 30 days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the PIO. If still not satisfied, the applicant may prefer a second appeal with the Central Information Commission/State Information Commission within 90 days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.
In-house mechanism- The RTI Act provides in-house mechanism for giving information by these public authorities. For this purpose, each public authority is supposed to designate as many officers as Central Public Information Officers (for short, ‘CPIOs’) or State Public Information Officers (for short, ‘SPIOs’) who are supposed to provide information to persons requesting for the information under this Act. Timelines are set during which CPIOs/SPIOs are supposed to give the information, namely, within 30 days of the receipt of the request for obtaining information. Within this period, either information is to be provided or request is to be rejected. Rejection can be only for a reason specified in sections 8 and 9 of the Act.
Q. 5. Discuss right to information in some other Acts, other than the Right to Information Act, 2005.
Ans. Some other Acts dealing with the right to information are as following-
The Indian Evidence Act- Sections 74 to 78 of the Indian Evidence Act, 1872 give right to the person to know about the contents of public documents.
Section 76 of the Indian Evidence Act provides that the public officials shall provide copies of public documents to any person, who has the right to inspect them.
However, section 123 of the Indian Evidence Act, 1872 puts a restriction on the use of unpublished official communication as evidence. The principle is that a document should not be allowed to be produced in court, if such production would cause injury to public interest.
Section 124 provides that no public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.
Section 162 envisages that a witness summoned to produce a document shall, if it is in his possession or power, bring it to the court, notwithstanding any objection which may be there to its production or to its admissibility. The validity of any such objection shall be decided by the court. The court, if it deems fit, may inspect the documents, unless it refers to matters of State, or take other evidence to enable it to determine its admissibility.
The Factories Act, 1948- The Factories Act, 1948 provides for compulsory disclosure of information to factory workers regarding “dangers including health hazards and the measures to overcome such hazards”, arising from their exposure to dangerous materials. This is an excellent provision, requiring suo motu disclosure from private parties. However, in practice, it is violated with impunity. The only recourse for those who believe their rights under it have been breached have to file a case in court.
The Representation of the People Act, 1951- Under section 33A of the Representation of the People Act, 1951, a candidate contesting election is required to furnish in his nomination paper, the information in the form of an affidavit concerning-
(a) accusation of any offence punishable with two or more years of imprisonment in any case including the framing of charges in pending cases; and
(b) conviction for an offence and sentence of one or more than one year of imprisonment.
The Official Secrets Act, 1923- Right to information guaranteed under the Right to Information Act, 2005 is not absolute in view of section 3 of the Act which provides that “subject to the provisions of this Act, all citizens have the right to information.”
Moreover, section 8 (2) of the Right to Information Act lays down as under-
“Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.”
The Official Secrets Act, 1923, imposes restrictions on the right to information in India. But, in view of section 8 (2) of the Right to Information Act, a public authority has the right to allow access to information even in respect of the activities covered by the Official Secrets Act. In such a case, the public authority should be of the opinion that public interest in disclosure of the said information outweighs the harm to the protected interests.
The Water (Prevention and Control of Pollution) Act, 1974- Under section 25 (6) of the Water (Prevention and Control of Pollution) Act, 1974, every State Board is required to maintain a register of information on water pollution. It is further provided that so much of the register as relates to any outlet or any effluent from any land or premises shall be open to inspection at all reasonable hours by any person interested in or affected by such outlet, land or premises.
The Air (Prevention and Control of Pollution) Act, 1981- This Act contains similar provisions for disclosure of information about air pollution. However, both of these laws allow for the withholding of information, if disclosure is against the public interest.
Q. 6. What are the principles, the right to information is based upon?
Ans. Essential Principles- The essential principles at the bottom of right to information may be briefed as following-
(1) Maximum disclosure- Freedom of information legislation should be guided by the principle of maximum disclosure. All information held by public bodies is subject to disclosure, and that exceptions apply only in very limited circumstances. Public bodies have an obligation to disclose information. Every member of the public has a corresponding right to receive information. Everyone present in the territory of the country should benefit from this right. The exercise of this right should not require individuals to demonstrate a specific interest in the information. Where a public authority seeks to deny access to information, it should bear the onus of justifying the refusal. In other words, the public authority must show that the information which it wishes to withhold comes within exceptions.
(2) Obligation to publish information-Freedom of information requires public bodies to do more than accede to requests for information. They must also publish and disseminate information on significant issues of public interest.
(3) Promotion of open government-Freedom of information legislation should inform the public about their rights and promote a culture of openness within the government. It should also inform the public about the manner in which this right can be exercised.
(4) Limited scope of exceptions-Requests for information should be fulfilled unless the public body shows that the information falls within the category of exceptions.
(5) Process to facilitate access- All requests for information should be processed quickly by public bodies responsible for handling requests. In the case of denial, a procedure for appeal to an independent administrative body, and from there to the courts should be established.
(6) Costs- The cost of access to information should never be so high as to deter requests. Public interest requests should be subject to lower or no fees. Higher fees may be charged for commercial requests.
(7) Open meetings- Freedom of information legislation should establish the presumption that all meetings of governing bodies are open to the public so that the public is aware of what the authorities are doing. People should be able to participate in decision making processes. Meetings may be held in closed rooms, but only where this can be justified and adequate reasons are provided. In order to facilitate attendance, adequate notice of meetings should be provided.
(8) Disclosure takes precedence- Legislation should be interpreted in a manner that renders it consistent with the disclosure of information. In particular, in case of a conflict between the freedom of information law and a secrecy law, the former should prevail.
(9) Protection for whistleblowers- Freedom of information legislation should include provisions protecting individuals from legal, administrative or employment-related sanctions for releasing information on wrongdoing.