scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

Social Mobilization for Public Accountability

2019 ◽  
pp. 136-150
Author(s):  
Kuldeep Mathur
Keyword(s):  
Civil Society ◽  
Social Movement ◽  
Public Domain ◽  
Social Mobilization ◽  
Democratic Accountability ◽  
Public Authorities ◽  
The Public ◽  
Adequate Information ◽  
Right To Information ◽  
The Right

This chapter examines administrative accountability through the democratic pillar of public transparency. One of the pillars of democratic accountability is the availability of adequate information in the public domain about the functioning government. It has taken a social movement for transparency in government to establish people’s right to information through the passage of the Right to Information Act in 2005. However, traditional administration has not reconciled to its demands and PPPs are kept out of its purview on the plea that they are not public authorities. The Lok Pal (ombudsman) Bill has been passed in response to another struggle of civil society.

scholarly journals Access to Information Held by Public Authorities

2016 ◽  
Keyword(s):  
Record Management ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Time Limits ◽  
Right To Information ◽  
Definition Of ◽  
Definition Of Information ◽  
The Right

Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.

Access to Information

2014 ◽  
pp. 126-144
Author(s):  
Monica Teresa Sousa ◽  
Leonardo Valles Bento
Keyword(s):  
Good Governance ◽  
Public Information ◽  
Access To Information ◽  
Federal Law ◽  
Public Authorities ◽  
Governmental Agencies ◽  
Private Interests ◽  
Information Law ◽  
Right To Information ◽  
The Right

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.

scholarly journals The Conflicting Implications of the Right to Information as Recognised by Public International Law

2018 ◽  
Vol 24 (2) ◽  
pp. 212-220
Author(s):  
Bilyana Borisova Manova
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Public Affairs ◽  
Private Life ◽  
Public Access ◽  
Access To Information ◽  
Public Authorities ◽  
Political Processes ◽  
Right To Information ◽  
The Right

Abstract The present article outlines the most significant stages in the gradual development of international law towards a recognition of a right to information. It explores the instruments and judicial decisions in which this right has been acknowledged as well as the conditions under which it may be exercised including the categories of requesters entitled to it, the kinds of information that may be accessed and the purposes of such access. The article further examines the manifold and often conflicting aspects of the right to information and its relation to concepts such as democracy, security, freedom of expression, right to private life, corporate secrets, investigating journalism and whistleblowers. In particular, it analyses the importance of the access to information about the exercise of political power by public authorities and the crucial role it should play in enabling wellfunctioning democratic societies where responsible government, public scrutiny over the political processes and a right to an informed participation in public affairs is effectively guaranteed to all citizens. However, the risks that the public access to information poses to national security and to the well-recognized right to private life are also taken into account

scholarly journals The Right to Information Act in Bangladesh: An Analysis in the Light of Johannesburg Principles of Freedom of Information Legislation

IIUC Studies ◽  
2012 ◽  
Vol 7 ◽  
pp. 73-90
Author(s):  
Mohammad Hasan Murad ◽  
Kazi Arshadul Hoque
Keyword(s):  
Freedom Of Information ◽  
Access To Information ◽  
Knowledge Based ◽  
The People ◽  
Democratic State ◽  
The Right To Know ◽  
Information Law ◽  
Right To Information ◽  
The Right ◽  
Right Of Access

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

scholarly journals European experience of legal regulation of anti-corruption issues in the public sector

2020 ◽  
Vol 5 (5) ◽  
pp. 236-244
Author(s):  
Nataliia Slotvinska
Keyword(s):  
Public Sector ◽  
Social Life ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Public Confidence ◽  
Public Authorities ◽  
The Public ◽  
Official Position ◽  
Course Of Action ◽  
The Right

Elimination, neutralization or restriction of the social preconditions of corruption requires systemic changes in the main spheres of social life, first of all in the functioning of public authorities. Because corruption is a phenomenon associated with the abuse of certain opportunities provided by certain posts or official position of persons authorized to perform state functions, it is traditionally believed that anti-corruption measures should be aimed primarily at such persons. Public confidence and public accountability play an important role in preventing corruption. Preventing and combating corruption cannot be effective without preventive measures in the public sector, an area where those authorized to represent the state perform their professional duties. UN anti-corruption standards in the public sphere provide for the implementation of a set of measures aimed at preventing the commission of corruption offenses. These are, first of all, the require-ments for public officials to carry out their activities on an ethical basis, which can be established in special codes of conduct that help persons performing public functions to choose the right course of action in a situation where there is a high risk of corruption.

scholarly journals Legal Regulation of Spreading Opinions and Beliefs through TV Broadcasting

2021 ◽  
Vol 81 (2) ◽  
pp. 154-159
Author(s):  
S. A. Kucher
Keyword(s):  
Legal Status ◽  
Relevant Information ◽  
Legal Regulation ◽  
National Council ◽  
Wide Audience ◽  
Radio Broadcasting ◽  
Constitutional Right ◽  
Right To Information ◽  
The Right ◽  
Tv Broadcasting

The research is focused on the problems of legal regulation of spreading opinions and beliefs through TV broadcasting. The scientific novelty of the research consists of the provisions on the need to amend the legislation on establishing the procedure for inspection and monitoring of television organizations by the National Council on Television and Radio Broadcasting. The author has studied legislative acts regulating the activity of mass media and works of scholars, where the peculiarities of the legal status of television organizations are covered. It has been stated that the constitutional right to free expression of one’s opinions and beliefs can be exercised through TV broadcasting. The legal basis for the activities of television organizations has been determined. The legal principles for the activities of journalists of television organizations have been clarified. Forms of disseminating one’s own views through television have been established. It has been emphasized that the creation of one’s own television organization by a citizen or a legal entity is the first way to spread opinions and beliefs. The participation of well-known politicians or public figures in television programs has been recognized as a separate form of disseminating the relevant concepts to a wide audience. At the same time, broadcasting an interview given by a well-known public or political figure to the TV channel’s journalists is an important method of disseminating the relevant information. Legal restrictions on the dissemination of certain information by television have been defined. It has been stated that the right to information may be limited by law in the interests of national security, territorial integrity or public morality. The general characteristics of monitoring and supervisory powers of the National Council on Television and Radio Broadcasting have been provided. The author has formulated propositions for amending the current legislation regulating the activities of the National Council on Television and Radio Broadcasting.

LEGAL REGULATION OF PUBLIC CONTROL OVER RIGHTSENFORCEM ENTAS WELL AS LEGITIMATE INTERESTS OF PERSONS IN PENAL INSTITUTIONS

2020 ◽  
pp. 43-52
Author(s):  
Евгений Николаевич Зиньков
Keyword(s):  
Civil Rights ◽  
Mass Media ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Authorities ◽  
Public Control ◽  
The Public ◽  
Control Functions ◽  
The Russian Federation ◽  
The Right

В настоящей статье рассматривается процедура правовой регламентации общественного контроля, который предоставляет возможность открыто и доступно осуществлять наблюдение за деятельностью органов государственной власти. В ст. 1 Конституции Российской Федерации отмечается, что Россия - правовое государство, следовательно, обеспечение и защита прав и свобод человека и гражданина является высшей ценностью. Сам общественный контроль, как правило, является отдельной частью и не входит в систему контрольной власти государства, он реализуется, прежде всего, путем самоорганизации граждан. На сегодняшний день в России существует множество нормативных документов, регламентирующих деятельность общественных объединений. В Российской Федерации лица, находящиеся в местах изоляции от общества (подозреваемые, обвиняемые и осужденные), обладают всем комплексом прав, что и другие граждане нашего государства, за исключением тех ограничений, которые были установлены приговором суда и федеральными законами. Ст. 32 Конституции РФ наделяет граждан правом участия в управлении некоторых государственных дел, что и позволяет общественности осуществлять контрольные функции. Однако далеко не все общественные объединения обладают полномочиями по детальному изучению той или иной сферы государственной деятельности, к примеру, средства массовой информации (далее - СМИ) имеют возможность лишь поверхностно осветить деятельность конкретного объекта внимания. Однако это тоже является неким способом общественного контроля, так как позволяет общественности получить определенную информацию об изучаемом феномене. This article discusses the procedure for legal regulation of public control, which provides an opportunity to openly and easily monitor the activities of public authorities. Article 1 of the Constitution of the Russian Federation States that Russia is a legal state, therefore, ensuring and protecting human and civil rights and freedoms is the highest value. Public control itself, as a rule, is a separate part and is not included in the system of control power of the state, it is implemented primarily by self-organization of citizens. Today, in Russia there are many regulatory documents regulating the activities of public associations. In the Russian Federation, persons who are in places of isolation from society (suspects, accused and convicted) have all the rights that other citizens of our state have, with the exception of those restrictions that were established by a court verdict and Federal laws. Article 32 of the Constitution of the Russian Federation grants citizens the right to participate in the management of certain state Affairs, which allows the public to exercise control functions. However, not all public associations have the authority to study a particular sphere of state activity in detail.for example, mass media (hereinafter referred to as mass media) can only cover the activities of a specific object of attention. At the same time, this is also a way of public control, since it allows the public to get certain information about the phenomenon being studied.

An Overview

2016 ◽  
Keyword(s):  
Public Interest ◽  
Public Authority ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Public Authorities ◽  
The Public ◽  
Codes Of Practice ◽  
Right To Information ◽  
The Right ◽  
The Relationship

The Freedom of Information Act 2000 is an unnecessarily complicated piece of legislation. Chapter 2 gives a simple overview of the Act: the framework for the new statutory right to information; the exemptions; the public interest test; the way in which the right is regulated through the Information Commissioner and codes of practice; enforcement through the tribunal system; and the relationship between freedom of information and data protection. The chapter considers the questions public authorities have to ask when someone seeks information and identifies the provisions concerning practice, procedure, and implementation, including the offence of altering records and the provision in section 78 that nothing in the Act is to be taken to limit the powers of a public authority to disclose information held by it.

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