OSCE Media Freedom Head comments on joint declaration on access to information

VIENNA, 10 December - The OSCE Representative on Freedom of the Media, Miklos Haraszti, today offered his comments on the joint declaration on access to information, which he recently signed together with the UN Special Rapporteur on Freedom of Opinion and Expression and the Media, and the Organization of American States Special Rapporteur on Freedom of Expression.

"The principles and recommendations in the declaration are extremely relevant to the OSCE community," said Haraszti. "There can be no free press without the citizens' right to access information held by public authorities."

The declaration states that it is a fundamental human right which should be given effect at the national level through comprehensive legislation, for example Freedom of Information Acts.

"The principle of maximum disclosure should be established also in modern classification rules which are based on the presumption that all information is accessible, subject only to a narrow system of exceptions," added Haraszti.

The joint declaration also pointed out that the sole responsibility for protecting the confidentiality of legitimately secret information lies with the public authorities and their staff whose official job is to safeguard that information. That means that other individuals, including journalists and civil society representatives, should never be subject to liability for publishing or further disseminating this information, regardless of whether or not it has been leaked to them, unless they committed fraud or another crime to obtain such information.

The three worldwide defenders of freedom of expression recommend a reform of the penal codes, saying in the Joint Declaration that "Criminal law provisions that don't restrict liability for the dissemination of state secrets to those who are officially entitled to handle those secrets should be repealed or amended".