scholarly journals Freedom of Information and Citizens’ Perception in Albania

2018 ◽  
Vol 4 (2) ◽  
pp. 212-219
Author(s):  
Ardita Shehaj

Abstract Transparency and the right to information are among the most important components of good governance, strong and stable democracy, citizen’s participation and the fight against corruption. The right to information is a constitutional right that is guaranteed not only by freedom of information law but also from the Albanian constitution. This legal framework is ranked 6th in the world and guarantees not only citizens right to access public information but also obliges institutions to proactively disclose information. Beside the fact that the Albanian legal framework is a very good one, it is very important to know citizens perception regarding the necessity of this right. For this reason, a survey was conducted and the data show that citizen education and their contact with the law are not enough for the proper implementation of this law. Public awareness is needed not only to explain how to exercise the right to access information but especially to explain the importance of this law in the fight against corruption.

Author(s):  
Monica Teresa Sousa ◽  
Leonardo Valles Bento

Right to information means the right of citizens to have access to information produced by, or held by, public/governmental agencies. This chapter intends to analyze the legal grounds of the right to access to information in Brazil as compared to the best international practice. One of the main risks to good governance and democracy is the use of public resources for private purposes, and the development of new communication technologies, especially the Internet, has revolutionized the manner in which the public interacts with the information available, impacting democratic practices. In November 2011, the adoption of Federal Law 12,527 made Brazil the 89th country in the world, and the 19th in Latin America, to adopt specific legislation implementing the right to access to public information. In Brazil, public authorities, especially the courts, tend to accept easily the allegations of violation of privacy and defamation of those whose interests are harmed or threatened by the broadcasting of information. In the conflict between access to information and private interests, the latter has prevailed. In this context, the Access to Information Law has become a relevant policy to the Brazilian civil society to strengthen and consolidate a democratic political culture and promote institutional maturity.


2021 ◽  
Vol 37 (04) ◽  
pp. 469-484
Author(s):  
Muhammad Kamran ◽  
Irfan Ullah ◽  
Muhammad Kaleem

The study attempted to analyze the role of right to information in ensuring good governance in Pakistan. The study objectives were to investigate the experiences of public information officers and civil society actors regarding the right to information contribution to good governance and to analyze the challenges in the implementation of right to information law. For the selection of sampling size, purposive sampling was used and data were collected from 11 ministries public information officers and 3 civil society actors through in depth interviews in Islamabad, Pakistan. Being qualitative study, data were analyzed by using thematic analyses. Jurgen Habermas theory of ‘Public Sphere” was used to throw light on main theme of the study. The findings indicated that right to information is an effective tool in promoting good governance along with all its features like, accountability, transparency, mutual trust between the government and general public, common man facilitation, rule of law and corruption elimination. Study concluded that right to information would be an effective tool in promoting the good governance only when hurdles that prevent it from its true implementation were removed.


2015 ◽  
pp. 1737-1762
Author(s):  
John Ubena

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.


2016 ◽  
Vol 1 (2) ◽  
pp. 131
Author(s):  
Suko Widodo

Disclosure of public information is one manifestation of the implementation of good governance where the public information disclosure is the duty of government and public institutions. It refers to the fact that the public information is public property and is not owned by the government and public institutions. Therefore, to be able to meet these conditions, the Freedom of Information Law was established, despite the fact that the law is not so popular in the community, so it is still necessary


IIUC Studies ◽  
2012 ◽  
Vol 7 ◽  
pp. 73-90
Author(s):  
Mohammad Hasan Murad ◽  
Kazi Arshadul Hoque

Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and people’s right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the ‘right to know,’ is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the demand and necessity for the establishment of people’s right of access to information. The experience in other countries suggests that this scenario can be changed by empowering people with right to information or freedom of information. The translation of right to information into law has to be done considering a number of principles which are required to be addressed in the law. The article presents an overview of the concept of right to information and attempts to discuss the principles underpinning right to information along with an analysis of to what extent those principles are reflected in the right to information law of Bangladesh. DOI: http://dx.doi.org/10.3329/iiucs.v7i0.12261 IIUC Studies Vol.7 2011: 73-90


2013 ◽  
Vol 29 (2) ◽  
pp. 123
Author(s):  
Atie Rachmiatie ◽  
O Hasbiansyah ◽  
Ema Khotimah ◽  
Dadi Ahmadi

Freedom of information has become a momentum for the effort to realize good governance and promote democratic governance system in Indonesia. With the enactment of Freedom of Information Law No. 14 of 2008, the public was given access to the right of public information as human right such as  guaranteed by law. Public freedom of  information should encourage public participation. Political parties as public institutions also have to give  information  in the service of the public who wish to access any kind of information which is regulated by law. However, based on reports ICW, how difficult political parties provide the information requested by the ICW. This Article examines the political culture, political communication strategies and public freedom of information within the political parties.


Author(s):  
John Ubena

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.


2016 ◽  
Vol 16 (2) ◽  
pp. 231
Author(s):  
Eko Noer Kristiyanto

Since 2008, Indonesia has started a new momentum in the era of openness, related to the passing of Law No. 14 of 2008 on Public Information (KIP). Disclosure of public information is very important because people can control every step and measures taken by the government, especially the Public Agency. Operation of power in a democratic country should at all times be accountable back to the community. Accountability brings to the good governance that leads to the guarantee of human rights (HAM). Public disclosure is an important part of public service is also a right that is very important and strategic for citizens to get access to other rights, because of how it might be to get the rights and other services properly obtained information regarding such rights it is not obtained appropriately and correctly. The poor performance of public services for, among others, have not been implemented because of transparency and participation in public service delivery. This paper attempts to explain the correlation and importance of the right to information of the public service.Keywords: Public Service, Transparency, Participation, Accountabilitys ABSTRAKSejak Tahun 2008, Indonesia telah memulai sebuah momentum baru dalam era keterbukaan, terkait dengan disahkannya Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi Publik (KIP). Keterbukaan informasi publik sangat penting oleh karena masyarakat dapat mengontrol setiap langkah dan kebijakan yang diambil oleh Badan Publik terutama pemerintah. Penyelenggaraan kekuasaan dalam negara demokrasi harus setiap saat dapat dipertanggungjawabkan kembali kepada masyarakat. Akuntabilitas membawa ke tata pemerintahan yang baik yang bermuara pada jaminan hak asasi manusia (HAM). Keterbukaan informasi publik merupakan bagian penting dari penyelenggaraan pelayanan publik juga merupakan hak yang sangat penting dan strategis bagi warga negara untuk menuju akses terhadap hak-hak lainnya, karena bagaimana mungkin akan mendapatkan hak dan pelayanan lainnya dengan baik jika informasi yang diperoleh mengenai hak-hak tersebut tidaklah didapatkan secara tepat dan benar.Buruknya kinerja pelayanan publik selama ini antara lain dikarenakan belum dilaksanakannya transparansi dan partisipasi dalam penyelenggaraan pelayanan publik. Tulisan ini mencoba menjelaskan korelasi dan pentingnya hak atas informasi terhadap penyelenggaraan pelayanan publik.Kata Kunci: Pelayanan Publik, Transparansi, Partisipasi, Akuntabilitas


Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 59
Author(s):  
Adam Muhshi

There are two legal issues proposed in this study, inter alia, the nature of the right to public information and state's responsibility for the fulfillment of the right to public information. This study uses legal research with statute and conceptual approaches. The results of this study shows that the right to public information becomes part of the human rights as guaranteed by the 1945 Constitution. Public information has become a logical consequence of the obligation of the state to account for the implementation of its government to the citizens as its main purpose is to ensure the accountability and credibility of public institutions through the provision of information and documents at the public request so that the principle of information disclosure is one component in the realization of good governance. As a constitutional right of citizens, it also shows that ‘a contrario’ the fulfillment of public information is the responsibility of the state. According to this view, the fulfillment of the right to public information is not only related to obligations, but the content must be true and provided openly and honestly. It concludes that the fulfillment of public information conducted openly and honestly will contribute to an attempt to realize good governance Keywords: Human Rights, Public Information, Good Governance


2020 ◽  
Vol 3 (2) ◽  
pp. 94-104
Author(s):  
Meera Mathew

People's right to know, to hold opinions, right to access, to seek and receive information, as well as to disseminate and impart ideas, despite frontiers, are protected under all democratic nations' constitutional right of freedom of expression. This duty to inform and disseminate news is undoubtedly the responsibility vested with media as the fourth estate and as a watchdog thereby enabling it to exert due checks and monitors on the working of the nation. By this, it mandates a strong, independent and adequately resourced media to operate in order to serve the general public interest and to place and keep up high standards of journalism. With the changing notions of media and with the prevalence of social media and interactive entertainment platforms, where users write the content, edit the same and disseminate it to the public, the question arises if social media does indeed actually function as ‘media’ as envisioned by our constitutional drafters. Disseminating information accurately to the public is a sacrosanct duty and if such a duty gets affected, the edifice of democracy is devastated. From the traditional media having reliance on what had been circulated, it moved to a system where the ordinary citizen has the capability to manage media technologies and notify own stories creating trends more for a business purpose. This change as named as media-morphosis has also crushed the right to be informed accurately. Against this backdrop, this article addresses the rising frequency of disinformation ‒ occasionally indicated as ‘misinformation’ or ‘fake news’ in social media, inflamed by both states and non-state stakeholders, plus the diverse issues to which they perhaps are a causative part or key source. It also critically evaluates the obligation states have to enable a conducive environment for freedom of expression that comprise encouraging and defending diverse media however, simultaneously, to curtail any sort of misinformation being disseminated to its people. As is evident from the title of this article, the jurisprudential aspects of freedom of information vis-a-vis the freedom to disseminate are examined where the primary examination focus is on – if media that is used to keep a watchful eye on the dealings of government and act as a champion of the public's right to know, has departed from this constitutional duty with the emergence of social media. Moreover, the nexus between ‘contours of expression to disseminate the information’ and ‘extent of limitations as to such information dissemination’ will be analysed. To illustrate, Indian legal framework is used and applied. In its conclusion the author endeavours to question the unwarranted benefit social media enjoys as ‘intermediary’ and as ‘media’ thereby ponders if the current Indian legal framework is adequate to deal with the ramifications.


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