Access to Public Information by the Media: Legislation v. Reality

04 November 2022

The Institute for Development of Freedom of Information (IDFI), with support from the Open Society Georgia Foundation (OSGF), launched the project “Improving Access to Public Information by the Media” on January 1, 2022. As part of this initiative, IDFI published a report titled “Access to Public Information by the Media.”

The project aimed to provide comprehensive legal support to media representatives on matters related to public information access. This included legal consultations, preparation of information requests and complaints, and legal representation. Over the course of the project, IDFI prepared 255 legal documents and provided 45 oral consultations.

The report, structured in four main sections, presents statistical data on legal assistance provided, identifies practical and normative problems hindering journalists’ access to public information, and evaluates the effectiveness of existing protection mechanisms. Key findings reveal significant challenges in obtaining public information, with only 12% of requests fully satisfied within legal timeframes. The report highlights systemic issues such as institutional non-compliance, ineffective complaint processes, and prolonged court proceedings, emphasizing the need for improved oversight and accountability in Georgia’s freedom of information landscape.

The project unveiled significant challenges facing media access to public information in Georgia. The findings paint a troubling picture: only 12% of requests for public information are fully satisfied within legal timeframes, while half go unanswered or are denied outright. Public institutions frequently violate deadlines, provide incomplete information, or simply ignore requests altogether.

The study identified several key issues hampering transparency. Administrative complaint processes often prove ineffective, and court proceedings drag on for an average of 2.5 years. Many institutions fail to properly justify their refusal to disclose information, and approaches to handling requests vary widely across different agencies. Perhaps most concerning is the absence of an effective oversight mechanism to ensure compliance with freedom of information laws.

To address these systemic problems, the project recommends creating a Freedom of Information Commissioner, streamlining court review timelines, and bolstering parliamentary oversight. The high degree of institutional arbitrariness and lack of accountability severely impede media access to crucial public information. In this environment, compliance with freedom of information laws is the exception rather than the rule, creating a formidable obstacle course for journalists seeking to inform the public on matters of vital interest.

See the full report.

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Access to Information