The right to information includes the protection of journalistic sources.
The right to information is the right of all citizens to access reliable data regarding events of public interest . It is the right of an individual to search for, request and receive certain content that is preserved and managed by State agencies.
The right to information is considered one of the pillars of democracy . This prerogative, which is based on access to public records, is linked to freedom of expression and freedom of the press.
Its origin
The origin of the right to information is found in the first half of the 20th century . At the end of 1948 , the General Assembly of the United Nations ( UN ) adopted the Universal Declaration of Human Rights , whose article 19 revolves around the freedom to hold opinions and express oneself.
Specifically, this point refers to the right to "investigate and receive information and opinions." This is considered to be something inherent to the human condition.
In any case, the evolution of the concept is complex. For various specialists, in the 19th century these ideas focused on freedom of the press: the freedom of those who owned a printing press and could publish newspapers or books. Then, at the beginning of the 20th century , the notion was extended to journalists, who were recognized for the importance of their work in seeking and transmitting information.
Following this line of reasoning, it was not until 1948 , with the Universal Declaration of Human Rights , that the right to information of all people was contemplated, regardless of their social status, profession, gender, religion and any other factor. That is why we also speak of a universal right to information .
It should be noted that the Universal Declaration of Human Rights is, in fact, a declaration: it does not have the force of law. The effective implementation of this and other rights depends on each legislation.
Media regulation should not violate the right to information.
Characteristics of the right to information
The right to information includes obligations and powers for those who generate and transmit the information, but also for those who receive and reuse it . This double condition makes it related to many other rights.
The informant, in this context, has the right to investigate and disseminate opinions and information without censorship . Just as he has the right to access sources, he is also recognized as confidential and has professional secrecy. The informed person, meanwhile, has the right to receive opinions and information, to choose the means by which he is informed, to request that legal responsibilities be imposed and to give a response or demand a correction.
If we focus on the activity of a government, it is considered that the right to information establishes a double governmental responsibility: the authorities have to be proactive (they must disseminate essential data on all their activities) and, at the same time, reactive (they must respond to citizens' requests for information).
Article 19 has drawn up a series of principles that, based on national and international legislation, contain the most appropriate standards and practices related to legislation on the right to information. These principles include maximum disclosure (it is presumed that all information handled by public bodies must be covered by the right to information), the obligation to publish (public bodies must disclose documents of interest to the community), limiting the scope of exceptions (the refusal to disclose must be based on a possible concrete and substantial harm) and facilitating access (the procedures for requesting public information must be simple and fast), among others.
The right to information requires media education.
Its importance
The right to information is very important in many ways. It is considered a fundamental tool for government transparency : as we have already indicated, all citizens must have access to reliable and trustworthy data on government management.
The right to information can be said to encourage citizen participation . With open government and online public information, people can make use of information and communication technologies (ICT) to consult government records.
The right to information is also essential in journalistic work. Whether for investigative journalism or even for so-called citizen journalism , being able to access public information is essential for the development of reports and the publication of stories.
If the right to information is not respected, independent media are also at risk. Government officials could choose who they give information to, benefiting pro-government journalists and harming those who are critical or opposed.
Examples of the right to information
A journalist plans to present a television report on the trips made by the president of his country abroad . His goal is to let the population know how much money the State spends on these trips. Invoking the law on transparency and access to public information, he requests the Executive Branch to provide details of the amounts spent on each trip. Thus, a few days after his request, he obtains the information and can move forward with his work.
A citizen, in the same way, exercises his right to know and asks the municipality or mayor of his city for an accounting of the organization of a marathon . His intention is to know how much the government spent on this activity, which, in his opinion, is not a priority when there is a lack of supplies and professionals in the local hospital.