Freedom of Information: A Comparative Legal Survey - Federation of ...

Conclusion
At its best, the right to information can deliver important social benefi ts. It can provide an important
underpinning of democracy, fuelling peoples’ ability to participate effectively and to hold governments to
account. Examples of the right to information being used to expose corruption are legion and powerful,
ranging from grassroots cases linked to basic livelihoods to major corruption scandals which have brought
down governments. The right to information has also been used less dramatically, but no less importantly,
to ensure an effi cient fl ow of information between government and business.
These utilitarian benefi ts of the right to information have been recognised since at least 1776, when the
idea fi rst found legislative recognition in Sweden. Of far more recent vintage, however, is recognition of the
right to information as a fundamental human right, an aspect of the right to freedom of expression which,
under international law, guarantees not only the right to impart, but also to seek and receive information
and ideas.
Fifteen years ago, almost no one claimed that access to information held by public bodies was a fundamental
human right. By the time the fi rst edition of this book was published in 2003, the idea had become more
established but was still largely the preserve of right to information activists, supported by a few academics
and others. As this second edition goes to print, the idea has matured signifi cantly, to the point where it
is constantly referred to not only by activists but also by inter-governmental bodies, development workers
and even government offi cials. The author has, over the years, spent considerable energy promoting the
idea of the right to information as a human right, including through the fi rst and now second editions of
this book, and its growing recognition as such is a source of some satisfaction.
The fi rst edition of this book brought together for the fi rst time all of the key international standards
supporting the idea of access to information as a human right, along with supporting national developments,
and marshalled the arguments in favour of such recognition. The second edition updates the evidence and
extends the arguments, which are now presented as highly persuasive.
It is important to recognise the proper status of the right to information but, as with other complex human
rights, the devil is in the detail. This book seeks to elaborate in some detail on specifi c principles derived
from international standards on the right to information, namely: a strong presumption in favour of access;
good procedural means by which the right may be exercised, including through proactive publication
obligations; a clear and narrow regime of exceptions; and the right to appeal breaches of the rules to
independent oversight bodies.
Beyond these (still quite general) principles, the now considerable practice of different States in giving
effect to the right to information in law serves as an important body of knowledge both for those promoting
the adoption of a law for the fi rst time and for those reviewing their existing law and practice with a
view to reforming it. This book provides a wealth of comparative information on the practice of 14 States
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