Summary
Everyone has the right to seek and receive information.
Obligations
Election Parts
Issues
- Voter Access to Registration Information
- Transparency in the Reporting, Transmission, and Publishing of Election Results
- Transparent Dispute Resolution Process
- Transparency and Access to Electoral Documents
- Access to Information and Electoral Management Body Documents
- Access to Electoral Information
- Access to Information and Electoral Documents
Criteria
- The state proactively put information regarding voter registration in the public domain
- The voter list was publicly displayed, and there was adequate time for public inspection of the list, including time for objections and the adjudication of disputes
- Access to information was guaranteed throughout the electoral process, including during the counting and tabulation process
- Transparency and access to information were respected during the dispute resolution process
- The right of access to information was protected for everyone
- The electoral management body provided citizens with access to information throughout the electoral process
- The right of access to information was respected throughout the electoral process, including its relation to the media
- The right to access to information was respected throughout the voting process
Quotes
- The Parties undertake to recognize that the right to freedom of expression of every person belonging to a national minority include the freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to media.
- Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
- For the purposes set forth in Article 2 of this Protocol, each State Party undertakes to adopt measures, which will create, maintain and strengthen: (d) mechanisms to promote access to information to facilitate eradication and elimination of opportunities for corruption.
- State Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, State Parties shall: (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of Article 29; (b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national, and international sources; (c) Encourage the production and dissemination of children's books; (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of Articles 13 and 18.
- Each State Party shall adopt such legislative and other measures to give effect to the right of access to any information that is required to assist in the fight against corruption and related offences.
- Everyone shall have the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas by any legal means without interference by a public authority and regardless of frontiers.
- Each state party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of the threat posed by corruption. This participation should be strengthened by such measures as: (b) Ensuring that the public has effective access to information; (d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restriction, but these shall be such as are provided for by law and are necessary.
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
- Adopting procedures or regulations allowing members of the general public to obtain, where appropriate, information on the organization, functioning and decision-making processes of its public administration and, with due regard for the protection of privacy and personal data, on decisions and legal acts that concern members of the public.
- Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.
- Migrant workers and their families shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media or their choice.
- 1. The child shall have the right to freedom of expression; this right shall include freedom to speak, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (order public), or of public health or morals.
- To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest. States parties should make every effort to ensure easy, prompt, effective and practical access to such information. States parties should also enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation.
- Fees for requests for information should not be such as to constitute an unreasonable impediment to access to information.
- Although the Committee considers that, even if in some circumstances denial of access to State-owned or State-controlled distribution services may amount to an interference with rights protected by article 19, in the present case, the author has not provided sufficient information that would permit the Committee to evaluate the extent of the interference or to determine whether the denial of such access is discriminatory. The Committee further notes that in any event, even if the newspaper in question was not included in the “Belpochta” subscription list and was not delivered to his home address by mail, the author was able to obtain it by other means.
- Internet intermediaries should respect the rights of users to receive, produce and impart information, opinions and ideas. Any measures taken to restrict access (including blocking or removing content) as a result of a State order or request should be implemented using the least restrictive means.
- We reaffirm the importance of independent media and the free flow of information as well as the public's access to information.
- Tak[e] all necessary measures to eliminate laws, regulations and practices that discriminate, directly or indirectly, against citizens in their right to participate in public affairs on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, or on the basis of disability.
- Member states should guarantee the right of everyone to have access, on request, to official documents held by public authorities. This principle should apply without discrimination on any ground, including that of national origin.
- [Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties.
- Urges States parties to raise public awareness of corruption and laws and regulations against it, including the Convention itself, as well as the existing rights of and possibilities for the general public to obtain information on the organization, functioning and decision-making processes of their public administrations.
- Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life;
- …Respect the right of everyone, individually or in association with others, to seek, receive, and impart freely views and information on human rights and fundamental freedoms, including the rights to disseminate and publish such views and information.
- Urges States parties, in accordance with articles 10 and 13 of the Convention, to continue to take measures to enhance transparency in public administration, including through the introduction of effective measures facilitating access by the public to information, and requests the Secretariat to provide technical assistance upon request to States parties seeking to introduce or enhance measures in this area, in cooperation, where appropriate, with interested donors.
- Urges States parties to raise public awareness of corruption and laws and regulations against it, as well as the existing rights of and possibilities for the general public with respect to obtaining information on the organization, functioning and decision-making processes of their public administration and raise public awareness of the responsibilities of public officials with respect to the performance of their functions, with due regard to the protection of privacy and personal data.
- Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice.
- Everyone has the right, individually and in association with others: (a) To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems.
- Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
- An applicant for an official document should not be obliged to give reasons for having access to the official document.
- In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.3 with regard to combating discrimination against and stigmatisation of persons with disabilities: (...) 7.3.3. provide civic education in accessible formats.
- In the light of these considerations, the Assembly calls on Council of Europe member and observer States, and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: (...) 7.3 with regard to combating discrimination against and stigmatisation of persons with disabilities: (...) 7.3.3. provide civic education in accessible formats.
- States have a positive obligation to foster a favourable environment for freedom of expression, offline and online, in which everyone can exercise their right to freedom of expression and participate in public debate effectively, irrespective of whether their views are received favourably by the State or others. Such an environment encompasses the rights to privacy and data protection, and the right to access information on issues of public interest held by public bodies that is necessary for the exercise of the right to freedom of expression.
- States should make particular efforts, taking advantage of technological developments, to ensure that the broadest possible diversity of media content, including general interest content, is accessible to all groups in society, particularly those which may have specific needs or face disadvantage or obstacles when accessing media content, such as minority groups, refugees, children, the elderly and persons with cognitive or physical disabilities. This implies that such media content should be made available in different languages and in suitable formats and that it should be easy to find and use.
- In the context of access to information, Member States should: (a) Enact clear laws, regulations and policies that guarantee the proactive disclosure of information held by public bodies, including those exercising public functions, and provide a general right to request and receive such information, subject only to clearly and narrowly defined exceptions in accordance with international human rights law and standards; guarantee the right to access information held by private bodies where it is essential to the exercise or protection of human rights; and provide a right to appeal to an independent body for any refusal to disclose information.
- Broadcasting and print media are generally the most important way that citizens find out about elections and electoral choices. Thus, the mass media play an important role in the pre-election period. This role is two-fold: Firstly, the media (should) inform the electorate by covering candidates, parties, and political issues relevant to elections in news and special information programmes. This might include even voter education tools. Secondly, they (should) grant candidates and parties direct access to the electorate by allowing political advertisement.
- The authorities should ensure that the media have the right to gather and report information freely, without intimidation or obstruction, and that there is no censorship of either the media or candidates.
- Each public body and relevant private body must publish the following information produced by or in relation to that body within 30 days of the information being generated or received by that body: manuals, policies, procedures or rules or similar instruments which have been prepared for, or are used by, officers of the body in discharging that body’s functions, exercising powers and handling complaints, making decisions or recommendations or providing advice to persons outside the body with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to or for which persons may be entitled.
- In this regard, the Special Rapporteur expresses again his view, and emphasizes, that everyone has the right to seek, receive and impart information and that this imposes a positive obligation on States to ensure access to information, particularly with regard to information held by Government in all types of storage and retrieval systems - including film, microfiche, electronic capacities, video and photographs - subject only to such restrictions as referred to in article 19, paragraph 3, of the International Covenant on Civil and Political Rights.
- The right to information is hereby guaranteed in accordance with the following principles:Every person has the right to access information of public bodies and relevant private bodies expeditiously and inexpensively.
- Voter education is an integral, albeit sometimes neglected, part of the election process. It refers to basic information on elections (e.g. date and type of elections) and explanations of electoral procedures (voter registration, voting system, etc.), and usually also addresses the voters’ motivation and preparedness to participate fully in the elections. Voter education is especially important in emerging and new democracies and in situations where new electoral provisions or technologies are being applied for the first time. As far as referendums are concerned, the voters must be objectively and comprehensively informed both about the question submitted to the electorate in the referendum and its consequences.
- Where a person (a) wishes to make a request to an information holder; or (b) has made a request to an information holder that does not comply with the requirements of this Act, the information officer must take all necessary steps to assist the person, free of charge, to make the request in a manner that complies with this Act.
- Everyone has the right to freedom of opinion and expression, regardless of sexual orientation or gender identity. This includes the expression of identity or personhood through speech, deportment, dress, bodily characteristics, choice of name, or any other means, as well as the freedom to seek, receive and impart information and ideas of all kinds, including with regard to human rights, sexual orientation and gender identity, through any medium and regardless of frontiers.
- Subject to subsections 6(b) and (c), a requester does not have to provide a justification or reason for requesting any information.
- Unless the right to lodge requests for information is anchored in clear procedural rules, it is unlikely to be effective. These rules need to be simple, so that ordinary people can easily understand them (and hence be able to make requests), but they also need to be reasonably comprehensive, so as not to provide reluctant officials with loopholes to avoid responding to requests.
- The media should be assured by the government of: (1) the right to gather and report objective information without intimidation; and (2) no arbitrary or discriminatory obstruction or censorship of campaign messages.
- The right to information is hereby guaranteed in accordance with the following principles: (b) Every person has the right to access information of private bodies that may assist in the exercise or protection of any right expeditiously and inexpensively.
- Subject to this Act, every person has an enforceable right to access information from (a) a public body or relevant private body; and (b) a private body, where the information may assist in the exercise or protection of any right.