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Monday 22 November 2010

Media Law: Freedom of Information

The Freedom of Information Act, passed by Tony Blair's government has been described as one of the greatest levellers between journalists and the government in recent times. The act covers 130,000 public bodies. Mainly government QUANGOS but any organisation that is funded by public money is bound by the act.

The impact it has had on both journalism and government in the UK has been massive. Tony Blair, in an interview with Andrew Marr described it as one of the aspects he regrets the most about his time in office. Directly or indirectly, it had some affect on the shift towards 'sofa government', a style very much associated with the latter years of the Blair government.

It's purpose was to allow the public a more transparent view of what went on government. Any person can request any information. As long as it is submitted in writing, the organisation must respond 'promptly' with the accepted time limit falling within 20 days. However, if there is an indication that the information may be deemed to be in the public interest, the authority may delay providing the requested information for a further 40 days, up to a total of 60 days.



There are, as one would expect, certain exceptions to the rule. Absolute exemption covers areas such as issues of national security such as state secrets or court records. Interestingly, The Church of England is also covered in this bracket. Qualified exemption concerns issues from ministerial communications to commercial confidentiality. However, unlike absolute exemption, qualified exemption is voided if the balance of public interest favours disclosure of the information.

Of the approximated 100,000 FOI requests submitted per year, only an estimated 12% are from journalists. There are some who believe that journalists make requests as members of the public and do not disclose their profession. Journalists or otherwise, the cost of these requests amounts to around £34 million. As a result, many journalists have cottoned on to the power the act gives them, with some carving out an entire career from picking stories from the information gleaned from a request. Many see the current epoch under the coalition government as a high water-mark for FOI requests.

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