Media Law and Ethics: Freedom of Information

Since the Freedom of Informations Act's introduction, investigative journalism has experienced a major breakthrough. It is now easier than ever to acquire previously unattainable information from public establishments - with most institutions having their own FOI sector and being legally obliged to respond to a request within a specified time limit.

This is an exceptional gift for the investigative or Gonzo journalist, who now can now expose miscarriages of justice and public interest material without going to enormous lengths to obtain the previously repressed information.

It's significance can be seen, with an example that I'm sure everyone is familiar with, in the MP expenses scandal. The Telegraph exposed the information after it had made a simple FOI request.

The 2000 Act, which came into effect in January 2005, makes it mandatory for a public authority to disclose whether or not it has the information the enquirer wishes to know. This includes Government departments, police, and hospitals.

"Information must be released UNLESS it is judged that the public interest in NOT disclosing it is greater than the public interest in releasing it".

The exemptions of the Act includes things such as special forces and trades secrets etc (not public sector).

The individual seeking information is not obliged to reveal why they require the information, and the institution's response must (usually) be within 20 working days.

Right now in the media there is an amusing example of the use of the Freedom of Information Act in Sussex, where the local Brighton newspaper (The Argus) has exposed that "an OAP crimewave is washing across Sussex". It details that hundreds of old age pensioners have been arrested in the county for an array of offenses including fraud, assault, and serious sexual offenses.

http://www.theargus.co.uk/news/8629391.OAPs__Sussex_crime_wave/