Freedom of information

Freedom of Information (FOI) can be defined as the right to access information held by public bodies. It is an integral part of the fundamental right of freedom of expression, as recognized by Resolution 59 of the UN General Assembly adopted in 1946, as well as by Article 19 of the Universal Declaration of Human Rights (1948), which states that the fundamental right of freedom of expression encompasses the freedom to “to seek, receive and impart information and ideas through any media and regardless of frontiers”.

FOI has also been enshrined as a corollary of freedom of expression in other major international instruments, including the International Covenant on Civil and Political Rights (1966) and the American Convention on Human Rights (1969).

FOI legislation reflects the fundamental premise that all information held by governments and governmental institutions is in principle public and may only be withheld if there are legitimate reasons, such as typically privacy and security, for not disclosing it. Over the past 10 years, the right to information has been recognized by an increasing number of countries, including developing ones, through the adoption of a wave of FOI laws. In 1990, only 13 countries had adopted national FOI laws, whereas there are currently more than 90 such laws adopted across the world.

UNESCO’s mandate as set out in its 1945 Constitution specifically calls on the Organization to “promote the free flow of ideas by word and image”. This mission is reflected on UNESCO’s Medium Term Strategy Medium-Term Strategy for 2008-2013 (34 C/4), and particularly in its strategic programme objective of enhancing universal access to information and knowledge.

Freedom of information is also central in the framework of the World Summit of the Information Society, which has reaffirmed freedom of expression and universal access to information as cornerstones of inclusive knowledge societies.

Further, the relevance of FOI has also been highlighted in the Brisbane Declaration on Freedom of Information: The Right to Know (2010), the Maputo Declaration on Fostering Freedom of Expression, Access to Information ad Empowerment of People(2008) and the Dakar Declaration on Media and Good Governance (2005), all emerging from UNESCO’s annual celebrations of World Press Freedom Day.

The new communication technologies provide the much-needed oxygen for the democratization process. Conversely, democracy provides the environment for basic press freedom. In the past decade there have been numerous examples of how advanced information flows played a central role in resisting dictatorial regimes.

The power of information is obvious and, of course, such intense use of communications technologies like fax machines, voice- or videorecording equipments, mobile phones, laptops and, above all - the Internet, frightens the authorities. They are therefore trying to stop the flow of information and communication by passing harsh laws and fixing criminal penalties. Scores of people have been imprisoned for the unauthorised distribution of news, articles, declarations or protests. The installation of tapping facilities, filtering equipment for the Internet and the blocking of access to web sites are other methods of trying to make sure that no uncensored information is distributed. When talking about new media, we should however keep in mind that what is an “old” or “traditional” media for the advanced societies may for other regions be revolutionarily new in its use – such as the community radio in India.

An expert, helping villagers to run a community station was quoted by The Washington Post: “Community radio in India is not about playing alternative rock music. It is a new source of strength for poor people because it addresses their most basic development needs.” And, she continued, “Our radio is more powerful than the corrupt and inefficient village council.” This seems to define the essence of the question of how the various communications technologies can allow us to test and push the the boundaries of free speech and press freedom.