Article 19 Criticizes Draft Moroccan Access Law

23 April 2013

The proposed Moroccan access to information law has many good features but suffers from a “grossly overbroad” set of exceptions, according to a critique by the London-based freedom of expression group Article 19.

The bill (in Arabic and in English) was recently put out for public comment. (See previous FreedomInfo.org report.)

Article 19’s analysis (in French and English) praises the draft law for ”a strong focus on proactive disclosure of information, applicability to a wide range of public bodies and private entities which perform public functions, a relatively simple procedure for requesting access to information, and establishment of a dedicated administrative appeals body – the National Commission on the Right of Access to Information.”

The exemptions, however, need to be “significantly overhauled,” the group said. “All exceptions should be made subject to a substantial harm test and public interest override,” according to Article 19. Also, “The protected interests should be defined more precisely and narrowly, and only legitimate interests should be protected.”

Article 19 said non-Moroccan citizens and legal persons should be allowed to use the law. Oral requests should be permitted, and applicants needing help should receive it.

No justifications should be required and requesters should get the information in the form they prefer, according to Article 19.

The National Commission on the Right of Access to Information should be vested with appropriate investigative powers, the group also says.

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