Luxembourg: Journalists’ right to access public information enshrined in law

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On 7 July, Luxembourg’s Chamber of Deputies approved a new media law, granting journalists the right to access information held by public institutions. The International Federation of Journalists (IFJ) joins its affiliate, the Association Luxembourgeoise des Journalistes Professionnels (ALJP), in welcoming the new legislation as a step forward in strengthening the media’s role in holding power to account. However, the ALJP and the IFJ regret that the law does not stipulate a maximum processing time for journalists’ requests and the fact that the country’s government agencies may decide to redact or withhold documents if they believe the omitted content lacks public value. 

 

For the first time, the right of journalists to access public information is now legally binding in Luxembourg, following the unopposed approval of a new media law by the country’s Chamber of Deputies. Until now, access to information depended solely on the discretion of authorities and administrations, regulated by Circulars Bettel 1 and 2, which media professionals had to invoke regularly.

 

The ALJP and the country’s Press Council, which were involved in drafting the law, welcomed the new media law’s approval, after advocating for it for over 15 years.

 

In a statement, the ALJP emphasised that the legal anchoring of the right of access to information was an important milestone for journalism in Luxembourg. However, the association highlighted several areas where the law could be strengthened to better support journalists’. These include introducing a binding deadline for responding to information requests, in line with the European standard of 15 days, and narrowing the broad and sometimes vaguely defined exceptions that allow authorities to withhold information. The ALJP also called for clearer safeguards around the redaction of documents in order to ensure journalists have meaningful access to information in the public interest. 

 

IFJ General Secretary Anthony Bellanger said: “Access to public information is essential for journalists to carry out their work in the public interest. It enables them to report accurately, investigate matters of public concern and hold public authorities to account. While we welcome the adoption of Luxembourg’s new media law and praise the efforts of the ALJP over the years, we acknowledge that there is still room to strengthen the legislation so that it provides journalists with comprehensive and effective access to public information.”

 

Source: IFJ

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