THE RIGHT TO INFORMATION
The right to seek, receive and impart information
- Introduction Freedom of information is considered a fundamental human right, protected by international and constitutional law, that should essentially be promoted to the maximum extent possible given its critical role in democracy and public participation in political life. Freedom of information refers primarily to the access of information held by public bodies, reflecting the principle that they do not hold information on their own behalf, but rather for the benefit of the public sphere. However, it also includes the right to seek, receive and impart information.
- International standards The Article 19 of the Universal Declaration of Human Rights, adopted by the United Nations (UN) in 1948 states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. This means that freedom of expression, one of the fundamental freedoms, do not only refers to opinions and thoughts but also to information that can or can not be related to them. Thus, Article 19 brings an expansion of the scope of freedom of expression, since it refers to all the processes involving information, which are not only its transmission but also the search and access to it. The International Covenant on Civil and Political Rights, a legally binding treaty adopted by the General Assembly in 1966, enshrines the right of freedom of expression, but suggests that it may be restricted by legal norms that are necessary “for respect of the rights or reputations of others”. Moreover, it specifies on Article 19(2) that: “[…] this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writ in or in print, in the form of art, or through any other media of his choice”. The office of the UN
- Introduction Freedom of information is considered a fundamental human right, protected by international and constitutional law, that should essentially be promoted to the maximum extent possible given its critical role in democracy and public participation in political life. Freedom of information refers primarily to the access of information held by public bodies, reflecting the principle that they do not hold information on their own behalf, but rather for the benefit of the public sphere. However, it also includes the right to seek, receive and impart information.
- International standards The Article 19 of the Universal Declaration of Human Rights, adopted by the United Nations (UN) in 1948 states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. This means that freedom of expression, one of the fundamental freedoms, do not only refers to opinions and thoughts but also to information that can or can not be related to them. Thus, Article 19 brings an expansion of the scope of freedom of expression, since it refers to all the processes involving information, which are not only its transmission but also the search and access to it. The International Covenant on Civil and Political Rights, a legally binding treaty adopted by the General Assembly in 1966, enshrines the right of freedom of expression, but suggests that it may be restricted by legal norms that are necessary “for respect of the rights or reputations of others”. Moreover, it specifies on Article 19(2) that: “[…] this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writ in or in print, in the form of art, or through any other media of his choice”. The office of the UN
Bibliography: Primary Sources - ORGANIZATION OF AMERICAN STATES. American Convention on Human Rights. Available in: . - Ibid. Declaration of the Rights and Duties of Man. Available in . UNITED NATIONS. Interntional Covenant on Civil and Political Rights. Available it: . Ibid. Universal Declaration of Human Rights. Available in: . Secondary Sources BIRKINSHAW, Patrick. Freedom of information: The Law, the Practise and the Ideal. Law in Context, April, 2010. COLIVER, Sandra. The Right to Information and the Increasing Scope of Bodies Covered by National Laws since 1989. Right2info. Available in: . MENDEL, Toby. Freedom of Information as an Internationally Protected Human Right. Article 19 Publications. Available in: . - NAIK, Asmita. Freedom of Expression. Human Rights Education Associates (HREA) Study Guides. Available in: .