Transcript ` Transparency, Ethics, and Responsibility Prepared by Michael Karanicolas Legal Officer Centre for Law and Democracy.

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Transparency, Ethics, and
Responsibility
Prepared by Michael Karanicolas
Legal Officer
Centre for Law and Democracy
The Right to Information
• Maximum Access, limited exceptions
• Applies to all public bodies, including broadcast regulatory
bodies
• Right of appeal to an independent body
• Clear and simple requesting procedures, and no requirement
for reasons
• Effective oversight, including appropriate sanctions
• Proactive approaches to disclosure embracing open data
Secret Information
Open Information
Open Information
Secret Information
Mongolia’s Placement
51. Netherlands - 83
52. Colombia – 82
52. Mongolia – 82
52. Russia – 82
55. Romania – 81
56. Canada – 79
56. Malta - 79
Section
Score
Maximum Score
1. Right of Access
4
6
2. Scope
23
30
3. Requesting Procedures
20
30
4. Exceptions and Refusals
6
30
5. Appeals
23
30
6. Sanctions and Protections
2
8
7. Promotional Measures
4
16
Total score
82
150
Mongolia’s RTI Law: Strengths
• Clear and simple procedures for filing access
requests
• A robust appeals mechanism
• The law applies to most public bodies
Mongolia’s RTI Law: Weaknesses
• The law does not apply to the armed forces, border
protection and intelligence organisations
• Many exceptions are overly broad or illegitimate
• Many exceptions are not harm tested
• There is no public interest override
• The law lacks effective promotional measures
• The law lacks protections for the oversight body
or for whistleblowers
Content Rules
• Codes of conduct should be applied by an independent
regulatory body, or through self-regulation
• Prior censorship is never appropriate
Advertising Restrictions
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•
•
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•
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Harmful products: such as tobacco or alcohol
Prescription drugs
Adult products or services
Advertising targeted at children
Misleading ads
Rules on differentiation
Thank you for listening!
Michael Karanicolas
[email protected]
@RTI_Law
www.law-democracy.org