The Freedom on Information Act 2000 allows citizens to request public authorities to disclose information, which would not otherwise be published. This Act is very useful to journalists, as it gives them the power to uncover information about the way in which we are governed and communicate this information to the public. In some cases, that public authority won’t hold the information being requested, or the request exceeds the maximum cost limits for free information.
‘Information’ is defined under the Act as ‘information recorded in any form’. Once information has been requested, the public authority has 20 days to respond to the request either giving the information requested or stating why they are unable to obtain it.
The information should be disclosed free of charge, unless obtaining the information costs most than £600 – national government departments – or £450 – local councils and others.
A current example which we broadcast on WINOL was Julie's FOI story uncovering the truth about the number of local police officers to have had convictions themselves.
Under the Act, a public authority is known as:
- National government departments and ministries,
- House of Commons and House of Lords,
- The Armed forces
- The National Health Service
- Universities, schools and colleges.
The UK’s security and intelligence agencies – MI5, MI6 and GCHQ are exempt from the Act, meaning they are not required to respond to FOI requests. The Courts and Tribunals are also exempt.
These are a few examples, which, under the Act are not considered public authorities:
- Housing Associations
- Charities
- Private Prisons
- Members of Parliament.
There are a number of factors all to do with the public interest, and which all should encourage public authorities to disclose information:
- Furthering the understanding and participation in the public debate of issues of the day.
– Promoting accountability and transparency in the spending of public money.
– Promoting accountability and transparency by the public authorities for decisions taken by them.
– Allowing individuals and companies to understand decisions made by public authorities affecting their lives.
– Bring to light information affecting public health and safety.
In some situations, the public authority may withhold the information requested on the grounds of public interest. This is known as Qualified Exemptions. If withholding information has a greater public interest than releasing it to the public then the public authority can withhold the information.
Sources in relation to journalists are very important. Journalists have a moral obligation to protect confidential sources and information. This was stated in the Press Compaints Commission - Code of Practice.
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