Right to Information and Transparency
The resources on this Module explore the nature and extent of the right to information.The readings include standards on the right to access government held information, open court and open parliament.
The resources on this Module explore the nature and extent of the right to information.The readings include standards on the right to access government held information, open court and open parliament.
Published in Argentina by FOPEA (the Argentine Journalism Forum) in Spanish in early May 2025, the report focuses on 2024, highlighting that political power in Argentina was responsible for 52% of the attacks on the press that year. It also shows that attacks on journalism increased by 53% compared to the previous year, mainly driven by political actors and President Milei, with a strong impact in the digital sphere. The most common types of attacks were stigmatizing speech (45,25%), physical assaults (25,14%), and restrictions on access to information (11,73%). In terms of victims by media type, the report recorded attacks on TV journalists (73), radio journalists (47), media organizations (30), digital outlets (25), and newspapers (23).
Foro de Periodismo Argentino (FOPEA). Informe Anual 2024: El Asedio Al Periodismo Debilita La Democracia [2024 Annual Report: The Siege on Journalism Weakens Democracy], FOPEA, April 2025. https://drive.google.com/file/d/1364EH5GrjKZPH3j8cclRckfKjJNPK0EY/view
“The Transatlantic High Level Working Group on Content Moderation Online and Freedom of Expression was formed to identify and encourage adoption of scalable solutions to reduce hate speech, violent extremism, and viral deception online, while protecting freedom of expression and a vibrant global internet. This report recommends a flexible regulatory framework that seeks to contribute to trust, transparency, and accountability. It is based upon: (1) transparency rules for platform activities, operations, and products; (2) an accountability regime holding platforms to their promises and transparency obligations; (3) a three-tier disclosure structure to enable the regulator, vetted researchers, and the public to judge performance; (4) independent redress mechanisms such as social media councils and e-courts to mitigate the impact of moderation on freedom of expression; and (5) an ABC framework for dealing with disinformation that addresses actors and behavior before content.”
The Transatlantic Working Group. “Freedom and Accountability: A Transatlantic Framework for Moderating Speech Online”. 2020. https://cdn.annenbergpublicpolicycenter.org/wp-content/uploads/2020/07/Freedom_and_Accountability_TWG_Final_Report.pdf.
“This report examines the international standards and principles applicable to the protection of freedom of opinion and expression during elections in the digital age. In the 2014 report to the Human Rights Council, the previous mandate holder examined the State’s obligations to respect and ensure freedom of expression in electoral contexts. This report reviews the nature and scope of these obligations in light of advances in technology and their impact on elections. Advances in information and communications technology have been critical to facilitating access to information and the free flow of ideas during elections. However, State and non-State actors have also exploited these advances to interfere with democratic participation and access to information during election periods, and to undermine the integrity of electoral processes. This report focuses on four such interferences: network shutdowns, efforts to combat the perceived spread of “fake news” and online disinformation, Direct Denial of Service (“DDoS”) attacks and interference with voters’ records and data.”
UN, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression. Freedom of Expression and Elections in the Digital Age. Research Paper 1/2019. June 2019.
Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. The Foundational Course will include four main segments. It will first survey the thinking of 19th century and contemporary political theorists, Judges in the early years of the twentieth century, and economists to discover why freedom of expression and information matters, and the values and principles that are established through free speech. The second will review the emergence of an international system of protection for freedom of expression, including the international and regional institutions and standards, and the role of international courts. The third and fourth class will focus on the scope of freedom of expression and on its legitimate limits. We will provide answer two key questions: What kind of speech is protected under international standards? What kind of speech may be restricted by Governments and how can it be legally restricted?
“This series of Briefing Notes is designed to give readers an understanding of the key international legal standards that apply in the context of freedom of expression. They are aimed at an audience which does not necessarily have a deep understanding of freedom of expression issues, but they also aim to be of interest and relevance to more sophisticated freedom of expression observers and practitioners. Thus, while the Briefing Notes are designed to be broadly accessible, they also provide readers with fairly in-depth knowledge about freedom of expression issues. Each individual Briefing Note addresses a different thematic freedom of expression issue. The first, perhaps predictably, is titled Freedom of Expression as a Human Right, while the second looks at the permissible scope of restrictions on freedom of expression under international law. Several of the Briefing Notes focus on different areas of media regulation, including print, broadcast and public service media, journalists, media diversity and independent regulation. This reflects the central role media regulation plays both in terms of guaranteeing freedom of expression and in the legal frameworks found in democracies relating to freedom of expression. There are also Briefing Notes on both criminal and civil restrictions on freedom of expression, as well as on the right to information (or freedom of information) and digital rights. In addition to providing substantive guidance in the relevant thematic area, the Briefing Notes contain a number of pithy quotes from leading sources. The idea is to provide readers with quick access to ‘quotable quotes’ for possible reuse in their work. Each Note also contains a section at the end on further resources, for readers who want to probe the subject more deeply.”
Centre for Law and Democracy and International Media Support. “Freedom of Expression Briefing Note Series”. 2014. https://www.mediasupport.org/wp-content/uploads/2015/02/foe-briefingnot….
As part of its ongoing project investigating the status of freedom of information (FoI) in Türkiye, the International Press Institute (IPI) launched the IPI FoI Platform to gather data on how responsive the Turkish institutions are to FoI requests. This report examines the platform’s submissions, as well as feedback from users, and reveals recurrent shortcomings affecting the right to FoI. Out of 290 FoI requests submitted to the portal since January 2025, 166 received responses, yet only 10% of them qualified as “comprehensive” and “including all requested information.” Of the requests that were rejected (69 in total; 55 still pending), the most common justifications provided were “published or publicly disclosed information and documents,” “requests requiring separate or special work,” and “practices not concerning the public.”
International Press Institute (IPI). Freedom of Information (FoI) in Türkiye: Challenges and Strategic Recommendations, IPI, November 2025. https://turkiye.ipi.media/wp-content/uploads/2025/11/EN-FoI-Analysis-report-November-25-3.pdf
Published by Masaar, a community of lawyers and technologists advancing digital rights in Egypt, this paper explores the interdependence of freedom of information and freedom of the press and media. Noting that more than fifty constitutions around the world recognize the access to information right, the paper explains how significant freedom of information laws are and what positive impact they have on press freedom: freedom of information enables journalism - investigative journalism in particular. Other areas directly impacted by freedom of information that the paper explores are protection against censorship, public trust, accountability of those in power, media pluralism, and democracy in general. “[T]he right to information can enable media to challenge dominant narratives and offer a platform for marginalized voices,” the paper argues. “[...] media freedom is essential for a healthy and vibrant democracy, protecting human rights, promoting public discourse, and informing the public.”
Masaar. Freedom Of Information And Its Impact On The Freedom Of The Media And Press. Masaar: Cairo, 2023. https://masaar.net/en/freedom-of-information-and-its-impact-on-the-freedom-of-the-media-and-press/
This book on Freedom of Information by Toby Mendel helps to answer some of the questions faced by “those tasked with drafting and/or promoting legislation guaranteeing the right to know in accordance with the principle of maximum disclosure”. The book describes “the international standards which have been established in this area and some of the key features of effective freedom of information legislation. Importantly, it illustrates the way in which ten countries and two international organisations have dealt with these difficult issues.”
UNESCO, Toby Mendel. Freedom of information: a comparative legal survey. ISBN:978-9937-8075-7-9 (Nepali). 2008.
“This Article will start from the premises and proposals of [extant scholarship]. Through developing, modifying, and supplementing [these] theories, as well as taking into account the new speech conditions in the Internet Age, this Article aims to develop systematically, though not completely, the theoretical basis and practical implications of the freedom of speech as a right to know. The relationship between the two rights is not unidirectional: not only could the freedom of speech form the basis for the right to know, but also the right to know could enrich the doctrine of the freedom of speech. The characteristics of the right to know could make the freedom of speech more direct, more practical, and more enforceable. We should accordingly interpret the freedom of speech as a right to know. This Article’s thesis does not necessarily require the right to know to be expressly written into the Constitution (although this is one reasonable approach), nor does it contend that freedom of speech is the only basis for the right to know. Rather, this Article reformulates the theory of free speech through the module of the right to know. Having done that, the right to know will, in effect, be constitutionalized because it will become a part of the freedom of speech. What’s more important is the impact on our current free speech jurisprudence: using information as both a shield and a sword, this new and reformulated right will better respond to the age we are in where speech is information, information is power, and the liberty of speech is the freedom and control of information.”
Huang, Tao. “Freedom of Speech as a Right to Know”. University of Cincinnati Law Review 89, no. 1 (2020): 106-139.
The UN Human Rights Committee adopted (102nd Session) General Comment 34 on States parties' obligations under Article 19 of the ICCPR: Freedoms of opinion and expression (CCPR/C/GC/34). The General Comment provides guidance to States on what the freedoms of opinion and expression mean in practice. Among others, the General Comment refers to: Freedom of expression and the media; Right of access to information; Freedom of expression and political rights; The application of article 19 (3); Limitative scope of restrictions on freedom of expression in certain specific areas; The relationship between articles 19 and 20.
UN, Human Rights Committee. General Comment No. 34. CCPR/C/GC/34. 12 September 2011