scholarly journals The protection of the right to free access to information pursuant to the Free Access to Information of Public Importance Act

Pravni zapisi ◽  
2012 ◽  
Vol 3 (1) ◽  
pp. 54-72 ◽  
Author(s):  
Rodoljub Sabic
Keyword(s):  
Free Access ◽  
Access To Information ◽  
The Right

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

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

Information Ethics: Codes, Cases and Conclusions

2003 ◽  
Vol 3 (1) ◽  
pp. 44-50 ◽  
Author(s):  
Laurence W. Bebbington
Keyword(s):  
Human Rights ◽  
Information Society ◽  
Freedom Of Expression ◽  
Information Ethics ◽  
Free Access ◽  
Access To Information ◽  
Ethics Codes ◽  
Right To Education ◽  
Cultural Life ◽  
The Right

“If the Information Society is to be both open and universal it should develop along the principles embodied in the Universal Declaration of Human Rights. They are, among others, the right to freedom of expression, free access to information, the right to education and the right to participate in cultural life.’ (UNESCO 2000)

scholarly journals Latin America’s information technologies: promises and realities

2009 ◽  
Vol 7 (2) ◽  
pp. 293-299
Author(s):  
Estela Mastromatteo
Keyword(s):  
Latin America ◽  
Information Technologies ◽  
Information Access ◽  
Free Expression ◽  
Freedom Of Information ◽  
Free Access ◽  
Access To Information ◽  
Sustainable Human Development ◽  
The Right

This contribution emphasizes that in order to achieve a real and sustainable human development in Latin America, and for this region to be part of the information society is extremely important to create conditions for a free access to information, education for everyone and  permanently, and a development in science and technology destined to serve society. Access to information and information technology are major promises in this era, but at the same time, become new forms of exclusion. In Latin America the two realities coexist. Is crucial in the solution, to rethink the ethics of information and values that underlie it, respect for human rights, the commitment of societies and our leaders. Highlights the role of libraries as mediators in the production process, organization and retrieval of information access, in safeguarding the freedom of information and the right to free expression through technology, with ethics and values into a real development in Latin America.

scholarly journals Latin America’s information technologies: promises and realities

2009 ◽  
Vol 7 (2) ◽  
pp. 293-299
Author(s):  
Estela Mastromatteo
Keyword(s):  
Latin America ◽  
Information Technologies ◽  
Information Access ◽  
Free Expression ◽  
Freedom Of Information ◽  
Free Access ◽  
Access To Information ◽  
Sustainable Human Development ◽  
The Right

This contribution emphasizes that in order to achieve a real and sustainable human development in Latin America, and for this region to be part of the information society is extremely important to create conditions for a free access to information, education for everyone and  permanently, and a development in science and technology destined to serve society. Access to information and information technology are major promises in this era, but at the same time, become new forms of exclusion. In Latin America the two realities coexist. Is crucial in the solution, to rethink the ethics of information and values that underlie it, respect for human rights, the commitment of societies and our leaders. Highlights the role of libraries as mediators in the production process, organization and retrieval of information access, in safeguarding the freedom of information and the right to free expression through technology, with ethics and values into a real development in Latin America.

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>

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".

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

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