Article 19 Criticizes Draft Moroccan RTI Legislation

1 October 2014

The new Moroccan Draft Law No 31.13 on the Right of Access to Information “fails to adequately recognise the right to information and threatens free expression,” according to Article 19.

“The new draft is significantly weaker than previous versions,” said the British freedom of expression group, which had reviewed the previous two drafts of the bill.

“A major flaw in the draft law is the limiting of the right of access to information to only citizens who can show a direct legal interest, rather than guaranteeing that all persons have the right to information,” Article 19’s statement says.

“the new draft also abandons the establishment of an independent information commission, a significant omission,” stated Article 19.

“Further, the exceptions to the right to information are very broad and unclear and need to be specified in more detail. The exceptions are not in accordance with international standards and do not fully ensure that harm and public interest are considered,” according to Article 19.

Thomas Hughes, Executive Director of Article 9, said, “Morocco needs to strengthen and implement the right of access to information guaranteed by the Constitution by adopting a law in line with international standards to ensure effective access to information for Moroccans.”

The draft creates new criminal penalties for anyone who makes an “incorrect” statement when requesting information, the unauthorized use or reuse of information, or for “tampering” with it once it is released.

“It is outrageous to create criminal penalties against those who are exercising their right to information,” said Hughes, ”the right to information should not be a pretext for censorship.”

The latest Moroccan draft was similarly criticized in an analysis by the Centre for Law and Democracy. (See previous FreedomInfo.org report.)

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