Moroccan Group Says Draft FOI Legislation Needs Fixes

2 October 2015

The Centre for Media Freedom (CMF) on Sept. 29 issued a critical report (in French) on the pending right of access to information in Morocco.

“The bill on the right of access to information requires a radical overhaul to bring it in line with international standards and examples of democratic countries,” said Said Essoulami, chairman of the CMF.

CMF recommended adding a preamble recognizing that access to information is a human rights recognized by Article 19 of the Universal Declaration of Human Rights.

CMF said the bill should ensure the right of access to information to any person, regardless of nationality or residence.

The list of institutions covered by the law should be expanded, CMF said, so as to cover the implementation of activities supported by public funds that are caried out by any association, foundation, political party or trade union.

The law should apply to information held by private companies that can help in the exercise or protection of any human right, according to the group.

CMF called on the government to abolish a requirement that requesters provide a justifiication seeking information.
The exceptions should be paired with a harm test so that information is provided when the public interest to know prevails over prejudice, the group said.

There should be no penalties for the use or reuse of information, CMF said, and protections should apply for information officers who disclose information in good faith and in the public interest.

The Committee on Information should be made independent and given additional powers, according to CMF.

 

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