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Problems and solutions regarding access to information, discussed one year after the entry into force of the Tromsø Convention

15 December 2021
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The authorities are urged to provide the media with access to databases with information of public interest as quickly as possible, and the Government must significantly improve communication with the media, according to some journalists and representatives of media NGOs. The problems were reported at the round table “Ensuring access to information for journalists in the Republic of Moldova – challenges and new opportunities”, organized by the Council of Europe Office in Chisinau. 
 
Discussions took place on 10 December in the context of a year since the entry into force of the Council of Europe Convention on Access to Official Documents (the Tromsø Convention).
 
“INFORMATION BELONGS TO CITIZENS, NOT GOVERNMENTS”
 
Director of the weekly newspaper Ziarul de Gardă (ZdG), Alina Radu, referred in her speech to the problematic communication of Government representatives with the journalistic community. “The governments that Moldova has had so far, as well as the current one, have problems with communication and understanding of the needs of the media in terms of communication. Letters and requests for information have already tired us so much. In the modern, world letters no longer happen,” she explained. 
 
The journalist noted that the European and US authorities, for example, respond to requests for information sent by e-mail on the same day. “If a journalist asks you how many hospital beds there are or how many kilometers of road have been made, it’s a shame if this information does not already appear on your website. Put everything there. If they ask, you, as a public authority, should strive to give everyone the information immediately, because a journalist is equal to a citizen and, in fact, not only reporters must have access, but also any citizen. Information belongs to citizens, not just governments. The government only facilitates journalists’ access to information,” the ZdG manager said.
 
At the same time, Alina Radu mentioned the article in the Tromsø Convention that refers to possible limitations of the provision of information in cases when one requests data related to information security, national defense, private or commercial interests. She believes that this article “is perfect for normal countries and is a problem for defective, corrupt countries like Moldova.” She also mentioned the difficult access to state-owned databases, especially to information about the background of companies and data from the Cadastre. 
 
She also talked about solutions. “The Government should set its priorities and ways of communication in order. Journalists should set their media outlets in order and assess whether they meet requirements and public interest. The Broadcasting Council should deal with licenses, which are a public good, and see whether the public is abused by the televisions controlled or organized under political umbrellas. The authorities that control specific databases, such as the Cadastre or the Register of Companies, should establish an urgent dialogue with media outlets and provide them with access as quickly as possible,” Alina Radu concluded.
 
“GOVERNMENTS CHANGE, PROBLEMS REMAIN”
 
The executive director of the Independent Journalism Center (IJC), Nadine Gogu, also noted that the issue of access to information for journalists is “old, but very current.” “The IJC has had this problem in sight for years, and we are both reactive and proactive. Reactive – reacting through different statements when appropriate or speaking about the situation of access to information in various studies, documents, researches, memos. We organize trainings for journalists and civil servants. We offer assistance to journalists, because we also had cases when we went to court to ask for the information that was supposed to be provided by the officials and they did not do it,” Nadine Gogu explained.
 
“Over the years we have been monitoring, intervening, trying in different ways to facilitate this process. Unfortunately, not much has been achieved, since we are discussing the same problems in 2021,” she added.  
 
Nadine Gogu noted that changes in the media field cannot be made only by civil society. “Civil society cannot do everything. It must at least work with the Parliament. In recent years, a working group has been working and some draft laws and regulatory documents in the field have been voted. We very much hope that this practice will be resumed, because we see a certain openness on the part of the new government,” Nadine Gogu said.
 
The executive director of the IJC urged journalists to use the levers of possible sanctioning of officials who do not respond properly to requests for information: “I understand that some may not like it, but if we leave it as it is, only discussing and ascertaining certain problems, they remain unchanged.” 
 
The Council of Europe Convention on Access to Official Documents is the first binding international legal instrument that recognizes the general right of access to official documents held by public authorities. The document entered into force on 1 December 2020, being ratified by ten states, including the Republic of Moldova. “The culture of openness, of access to official documents provides the opportunity for citizens to form an opinion about the society in which they live and the authorities that govern them. (...) It is very important to have independent media, but also to have guaranteed access to official documents in order to inform the public and to carry out journalistic investigations,” said William Massolin, head of the CoE Office in Chisinau, during the discussion.