Freedom Of Information - Media Law

As a journalist, one of the most powerful tools in acquiring information for a story is using the Freedom of Information act.
The act allows any citizen, including journalists, the right to information held by public authorities, such as the police, government and hospitals. Under the act, if one of these public bodies receives a request for information, they must respon within 20 working days, either with the information or a reason why it cannot be provided. The information is provided free of charge, providing that it costs the holder £600 or less if they are a government body, or £450 or less for other public bodies.
There are several exemptions under the act however, divided into absolute exemptions and qualified exemptions.
Absolute Exemptions: These are exemptions that do not require an explanation for the information not being disclosed. This covers:
- Information reasonably accessible by other means
- Information supplie to the public authority by or relating to bodies dealing with security matters
- Court records
- Personal information
- Information provided to the authority in confidence by another party
- Information which the disclosure of is forbidden by other law
These are pretty straightforward, information that falls under these categories does not need to be disclosed, an a reason for the lack of disclosure is not required.

Qualified Exemptions: This is yet another use of the 'public interest'.
Essentially, if a public body denies the request for information, they must satisfy the 'public interest test' to justify it, which basically states that the public interest in witholding the information is greater than that of releasing it. The 'public interest' is not defined in the act, however, in 'The Freedom of Information Act: An Introduction, the Information Commissioner lists a number of factors that should encourage public bodies to disclose information:
- Furthering the understanding and participation in the public debate of issues of the day.
- Promoting accountability and transparency by public authorities for decisions taken by them.
- Promoting accountability and transparency in the spending of public money.
- Allowing individuals and companies to understand decisions made by public authorities affecting their lives.
- Bringing to light information affecting public health and safety.
The Qualified Exemptions cover categories such as:
- Information which if disclosed is likely to prejudice national security
- Information which if disclosed is likely to prejudice international relations
- Information held by an authority for law enforcement functions
- Information which relates to formulation or development of Government policy
- Information the disclosure of which is likely to prejudice effective conduct of public affairs
- Protecting commercial interests.

All these exemptions can lead to a delay or a prevention in the release of information.

Despite this, public authorities are obliged under the act to advise parties in their wording of requests, so that they are more likely to be accepted.
Anyone requesting information can also appeal to the Information Commissioner against any authorities refusal to supply information. Appeals against the commissioners decision can be heard by the information tribunal.

The Environmental Information Regulations have the backing of the European Union, which requires public bodies to provide information about environmental matters. These powers far exceed those outlined in the Freedom of Information Act.