Access to public information in Moldova

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Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. [1]

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Access to information, just as media independence and pluralism remain critical issues in the Republic of Moldova. [2] Despite numerous calls for media legislation reform, the government of Moldova has not made significant steps to improve access to information according to the country's international obligations, including a convention with the Council of Europe. [3] Public officials widely impede access to public information through refusals, delays or incomplete answers, without sanctions. [2] In 2014, the Independent Journalism Center (IJC) presented to Parliament amendments to improve the law on access to information, provide additional guarantees for journalists and limit unjustified limitations of access to public information by public officials. However, the draft law has not yet been adopted. [4] According to the Executive Director of the Association of Independent Press, Petru Macovei, overall the law on access to information is good, but it is compromised by a non-collaborative attitude of the public authorities. [3]

The right to access public information in guaranteed by Article 34 of the Moldovan Constitution and is regulated by the Law on Access to Information which was adopted in 2000. [2] [5] The law establishes that information of public interest can be requested in writing or orally. Information can be consulted at the institution’s premises or can be received stored in an electronic support or in hardcopy. Viewing documents on the institution’s premises is free of charge, while reasonable fees can be charged for the cost of photocopying, transcribing, translating or delivering the documents. [6] According to the law, documents of public interest must be provided within 15 working days, which can be extended by five days in case of requests of large numbers of documents. [6] If the request is rejected, the applicant can exercise its right of appeal to the relevant courts, and if the court decides on behalf of the applicant, the law imposes penalties in form of fines to the government body which has violated the law. [6] Exceptions justifying limitation to the disclosure regime are specified in the law and include state secrets, information on the military, intelligence, economic, foreign policy or criminal proceedings, information concerning ongoing lawsuit, personal data, confidential business data, and preliminary results of scientific and technical research. [6]

Access to information in practice

In practice, compliance with the Law on Access to Information remains weak just as its implementation which is not supported by the full authority of the bodies responsible for its enforcement. The Ombudsman in Moldova has the authority to supervise the implementation of the law, but this office lacks the capacity and the resources to exercise its role. [2] Investigative journalists and civil society organisations face numerous difficulties when requesting access to public information, including obstruction by public officials, refusals and delays in replying to requests, as well as incomplete responses to requests for information. [2] To justify their denials, public officials frequently cite laws that conflict with the Law on Access to Information, in particular the Law on State Secrets and the Law on Trade Secrets. [2]

One of the problem in enforcing the right to access public information is impunity, meaning that the law establishes only insignificant fines on public offices who fail to provide due access to information. Also, in many cases, the information provided by state bodies is shaped in the officials' favor, giving the impression that authorities are behaving in compliance with the law, while in fact depriving the requester the information they are seeking. Moreover, in many cases officials do not provide public interest information without the approval from a supervisor and often refuse to answers telephone calls from journalists, thus increasing the time for getting the required information. [2]

Another problem concerns the costs for obtaining public information and the fees charged to the requester, despite some improvements made recently, such as the introduction of a public register through the E-Government service in 2014. This affects in particular newsrooms and investigative journalists that must pay large sums of money for getting data useful for their investigative work. [2]

See also

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Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

<span class="mw-page-title-main">Freedom of Information Act 2000</span> Act of Parliament in the United Kingdom

The Freedom of Information Act 2000 is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted form of what had been proposed in the White Paper. The full provisions of the act came into force on 1 January 2005.

<span class="mw-page-title-main">Official Information Act 1982</span> Act governing freedom of information in New Zealand

The Official Information Act 1982 (OIA) is an Act of the New Zealand Parliament which creates a public right to access information held by government bodies. It is New Zealand's primary freedom of information law and has become an important part of New Zealand's constitutional framework.

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The mass media in Moldova refers to mass media outlets based in the Republic of Moldova. Television, magazines, and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Moldova guarantees freedom of speech. As a country in transition, Moldova's media system is under transformation.

Most Azerbaijanis receive their information from mainstream television, which is unswervingly pro-government and under strict government control. According to a 2012 report of the NGO "Institute for Reporters’ Freedom and Safety (IRFS)" Azerbaijani citizens are unable to access objective and reliable news on human rights issues relevant to Azerbaijan and the population is under-informed about matters of public interest.

<span class="mw-page-title-main">Access to public information in Serbia</span>

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

<span class="mw-page-title-main">Access to public information in Europe</span>

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.


Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

References

  1. Freedom of Information, UNESCO. Retrieved2016-10-16.
  2. 1 2 3 4 5 6 7 8 "Moldova: stakeholder Submission for the Universal Periodic Review". Freedomhouse.org. Freedom House. 28 March 2016. Retrieved 23 January 2016.
  3. 1 2 "Access to information, more and more difficult in Moldova; "Things that are, in fact, of public interest are excessively and abusively kept secret"". Jurnal.md. Jurnal online. 14 October 2016. Archived from the original on 2 February 2017. Retrieved 23 January 2017.
  4. "Report on the State of Media in Eastern Partnership Countries" (PDF). Eastern Partnership. Civil Society Forum. November 2015. Retrieved 23 January 2017.{{cite journal}}: Cite journal requires |journal= (help)
  5. "Republic of Moldova. The Law on Access Information. Retrieved 23 January 2017" (PDF). Archived from the original (PDF) on 2 February 2017. Retrieved 23 January 2017.
  6. 1 2 3 4 "Transparency in the Balkans and Moldova" (PDF). Balkan Investigative Report Network (BIRN). 2016. Retrieved 23 January 2017.{{cite journal}}: Cite journal requires |journal= (help)