PRAVO NA SLOBODAN PRISTUP INFORMACIJAMA OD JAVNOG ZNAČAJA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 89-101
Author(s):  
Ružica Kijevčanin ◽  
Keyword(s):  
The Other ◽  
Free Access ◽  
Daily Routine ◽  
Right To Know ◽  
Access To Information ◽  
Free Society ◽  
The Right To Know ◽  
The World ◽  
Right To Information ◽  
The Right

The right to free access to information of public importance is a condition for the enjoyment of other fundamental human rights and freedoms, and above all freedom of opinion, the right to information, the right to vote, etc. Man is a biological, psychological, legal, economic, but also informational being, so the exchange of information is a daily routine that allows him to learn, upgrade and spread various intellectual products, that is, to function in the world. Democracy and free society, as the ideals of today, imply a tireless struggle for the unhindered exercise of the right to free access to information, the importance of which is reflected in two basic reasons. One reason refers to the fact that a person was born with the right to know, and the other reason is in his political nature. By participating in the elections, an individual chooses his representative whom he trusts, so the least he can expect in return is to be informed about everything that interests him and is in his interest, and what the elected bodies have. The importance of the right to free access to information is immeasurable, so it is also called the "oxygen of democracy".

Deferring Citizens' “Right to Know” in an Information Age

2019 ◽  
pp. 264-286
Author(s):  
William Edward Heuva
Keyword(s):  
Freedom Of Expression ◽  
Information Age ◽  
Right To Know ◽  
Access To Information ◽  
Human Right ◽  
Emerging Democracies ◽  
The Right To Know ◽  
Policy Frameworks ◽  
Constitutional Right ◽  
The Right

Namibia is one of the emerging democracies that have not yet enacted the Access to Information legislation. While the country has guaranteed freedom of expression and media in its constitution, it has not provided for Access to Information as a constitutional right. This chapter seeks to examine Namibia's reluctance to adopt an Access to Information legislation. It interrogates views that locate the omission of this fundamental human right in the country's constitutional (legal) and policy frameworks. It underscores the failure by Namibia to reverse the information black-out suffered under the Apartheid dispensation. The chapter starts with a theoretical/philosophical rationale for the right to know to elicit an understanding of this discourse and its relevance to emerging democracies, such as Namibia. It then examines attempts by state and civil society to introduce the legislation in the country. Predicted on praxis, the chapter in conclusion provides some suggestions that may help resolving the impasse in adopting the Access to Information legislation in the county.

The Right to Know, Right to Withhold, and Right to Lie

Worldview ◽  
1968 ◽  
Vol 11 (11) ◽  
pp. 6-9
Author(s):  
William J. Barnds
Keyword(s):  
Right To Know ◽  
The Right To Know ◽  
The World ◽  
General Program ◽  
The Right ◽  
The Way

The idealists and crusaders of every age and era develop certain underlying attitudes and values which, while connected with the specific goals they struggle to attain, are clearly distinct from them. Often these attitudes and values grow out of their effort to obtain more limited and specific goals. However, many of the participants in today's turmoil, and particularly the younger ones, seem to have little in the way of a general program — though they often protest against specific acts or situations — but instead proclaim that unless the nation and the world adopt a new set of values no particular set of reforms will leave a lasting imprint.

Legal grounds for restricting access to information: a philosophical aspect

2021 ◽  
Vol 28 (3) ◽  
pp. 64-73
Author(s):  
Oleh M. Omelchuk ◽  
Mariia P. Muzyka ◽  
Mykola O. Stefanchuk ◽  
Iryna P. Storozhuk ◽  
Inna A. Valevska
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Communication Technologies ◽  
Security And Privacy ◽  
The Internet ◽  
Free Access ◽  
Constitutional Rights ◽  
Access To Information ◽  
Right To Information ◽  
The Right

The rapid spread of the Internet and communication technologies raises the issue of access to information, especially access to information via the Internet. The amount of information on the network is constantly increasing, and at the same time more and more efforts are being made to limit users' access to it to some extent. The more restrictions state bodies create in this area, the more efforts are made to circumvent or violate these prohibitions. Free access to information in a democratic society should be the rule, and restriction of this right – the exception. These restrictions should be clearly defined by law and applied only in cases where legitimate and vital interests, such as national security and privacy, need to be respected. The main purpose of this study is to consider the legal and socio-philosophical aspects of access to information. Restricting access to documents as media has been practiced since ancient times. The study highlights the existing inconsistencies and lags in the implementation of the principles of exercise of the right to information in Ukraine at the level of laws and subordinate legislation. The study classifies information according to the nature of restrictions (exercise) of constitutional rights and freedoms in the information sphere. It was discovered that the legislation of Ukraine does not systematise the list of confidential information in a single regulation in contrast to the Russian Federation and provides the main types of confidential personal information. It was found that restrictions on any freedoms and human rights, including in the information space, can be established with the help of various regulators, the dominant among which are the following levels of implementation: legal (legislative); moral self-consciousness of society; autonomy of the person. Features and spheres of action of regulators of restriction of freedoms and human rights are described. To restrict access to information, various methods are used to protect it from unauthorised receipt, which can be divided into two groups: formal and informal

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

Deferring Citizens' “Right to Know” in an Information Age

2017 ◽  
pp. 245-267
Author(s):  
William Edward Heuva
Keyword(s):  
Freedom Of Expression ◽  
Information Age ◽  
Right To Know ◽  
Access To Information ◽  
Human Right ◽  
Emerging Democracies ◽  
The Right To Know ◽  
Policy Frameworks ◽  
Constitutional Right ◽  
The Right

Namibia is one of the emerging democracies that have not yet enacted the Access to Information legislation. While the country has guaranteed freedom of expression and media in its constitution, it has not provided for Access to Information as a constitutional right. This chapter seeks to examine Namibia's reluctance to adopt an Access to Information legislation. It interrogates views that locate the omission of this fundamental human right in the country's constitutional (legal) and policy frameworks. It underscores the failure by Namibia to reverse the information black-out suffered under the Apartheid dispensation. The chapter starts with a theoretical/philosophical rationale for the right to know to elicit an understanding of this discourse and its relevance to emerging democracies, such as Namibia. It then examines attempts by state and civil society to introduce the legislation in the country. Predicted on praxis, the chapter in conclusion provides some suggestions that may help resolving the impasse in adopting the Access to Information legislation in the county.

scholarly journals The constitutional and legal enshrinement of the right to information. The impact of states of emergency upon the right to information

2019 ◽  
pp. 20-34
Author(s):  
ANCA-JEANINA NIȚĂ
Keyword(s):  
Public Interest ◽  
Fundamental Rights ◽  
Raw Material ◽  
Free Access ◽  
Constitutional Court ◽  
Access To Information ◽  
State Of Emergency ◽  
Right To Information ◽  
The Right ◽  
The Impact

Starting from the premise that information is the raw material of a democratic society, the present article aims to showcase the importance of the constitutional regulation of the right to information. Observing Article 31 of the Romanian Constitution and the infraconstitutional norms in the field of free access to information of public interest, which further develop the constitutional norm, this paper presents the content of the right to information and its limits. Moreover, some legal literature currents and the case law of the Constitutional Court of Romania are emphasized with regard to the restriction in the exercise of this right, under the conditions of Article 53 of the Constitution. Without detailing the complexity of the legal consequences that derive from declaring a state of emergency, there are identified the limits under which, in such cases, the restriction of some fundamental rights and liberties that can occur. In the current normative context, while insisting that exceptional measures must not find themselves outside the existing constitutional order, the present paper analyses the impact of Decree no. 195/2020 for declaring a state of emergency on the territory of Romania upon the right to information. The article emphasizes that the multiple social, economic and political consequences of such a crisis cannot be dissociated from their legal dimension, that the constitutional rigor of a correct information to the general public through media, both public and private, necessary irrespective of a state of emergency, is needed even more so under exceptional circumstances, where the fight against disinformation is by all accounts legitimate and required. At the same time, it is emphasized the requirement that a state of emergency isn’t used as a pretext for tighter governmental control over information release, for the amputation of the mechanism introduced by Law no. 544/2001 on the free access to information of public interest.

scholarly journals The Element of ‘Access to Information’ in Arhus Convention and Act Regarding Dissemination and Free Access to Information

2016 ◽  
Vol 9 (2) ◽  
pp. 103
Author(s):  
Seiyed Asghar Sajjadi ◽  
Mohammad Hossein Ramazani Ghavamabadi
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Free Access ◽  
Access To Information ◽  
Public Authorities ◽  
Essential Information ◽  
Aarhus Convention ◽  
The World ◽  
The Right ◽  
Right Of Access

<p>The free access of all people to information is deemed as the requisite and precondition for efficient participation in process of decision-making by public authorities where it has been reflected in many national and international rules and regulations. <br />‘The right of access to information that has been formally recognized in many countries by virtue of criteria in constitution or articles of freedom of information law as a right includes most of the information stored by public authorities and consists of environmental information. The regulations regarding recognition of right of litigation for citizens may also include some regulations that give citizens the right of acquisition of essential information. <br />Before entry in domain of environmental terminology, the concepts of access to information and public participations are assumed as a category in political law that has been reflected in democratic political regimes under title of ‘Rights of nation’ in constitutions of those countries.’<br />Access to information etc has been formally recognized in Article 10 of Rio Declaration on Environment and Development (1992) at international level and it briefly holds: ‘… Anyone shall totally access to the information at disposal of public institutions about environment and … the governments shall facilitate public participation by giving information to the people… and compensation for loss shall be guaranteed.’ <br />Although access to information and other aforesaid issues are not deemed as new elements in Article 10 of Rio Declaration (1992) and they have been typically incorporated in some other international documents several years before 1992, Aarhus Convention (1998) has explored in details of totally triple concepts in Article 10 at regional level and it presents specific mechanism for enforcement of regulations in this convention. <br />UN Economic Commission for Europe … was inaugurated in Aarhus (Denmark) on 25th June 1998 and Aarhus Convention … was approved. Iran Islamic Parliament also ratified Act regarding Dissemination and Free Access to Information on January 25 2009 and it was recognized in compliance with expediency of system. <br />This article examines and compares Aarhus Convention because of it remarkable importance as a model for access to information and its executive mechanism for element of access to information in that convention and Act regarding Dissemination and Free Access to Information so that by means of comparative study on these two documents concerning to element of access to information it can give answer to this proposed question that if Act regarding Dissemination and Free Access to Information may be responsive to public information requirements about the environmental subjects in such a way that to prepare the ground and possibility for public participation in process of environmental decision-making by the public authorities as it reflected in Aarhus Convention. <br />After review and comparison of information in terms of great constraint and banning in presentation of information titled as ‘confidential’ that has been reflected and executed, the size and subject of accessible information may not meet the requirements of community at the age of explosion of information and in the world that has been converted into a small village. On the other hand, only Iranian nationals have right to access this information and discrimination in nationality is another main barrier against public access to information. To remove this inadequacy and defect, the upgraded laws should be enacted through exploitation from regulations and mechanisms of Aarhus Convention as the world pattern. Among them, the confidential (classified) information size may be noticeably reduced and the persons will have right of access to useful information without discrimination in nationality.</p>

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