Tuesday, February 19, 2013

Pop goes the FOIA

Germany has its version of a freedom of information act, and it may soon be the only basis for journalists' access to government information.

The German freedom of information act is less than ten years old and has been called, correctly so, a paradigm shift in the relationship between the government and the people.

For the first time, citizens can file a request without prerequisites, such as being an affected party, and the government has to respond "in a timely manner". The government can also ask for reimbursement of expenses, which are capped at 500 euros.

It comes as no surprise that critics say they that many branches use the good old "delay, reject, price out" trio of measures to undermine the law.

A legal challenge related to the government's obligation to respond to journalist inquiries under the generic press laws is being heard by the country's highest administrative law court. The German Federal Government argues that the press laws -- which are state laws -- should no longer be binding for the Federal government.

If the Federal government gets its way, journalists will have to rely on the freedom of information act to get to the "juicy bits".

After a recent police raid on the offices of several photographers, conducted to get at unpublished photos of a demonstration in Frankfurt, Germany, where a police officer was injured, some journalist experts claim there is headwind for the freedom of the press in Germany.

The K-landnews team is a little more relaxed about this, given that neither secret prisons nor secret courts are on the horizon in Germany, thanks to two German dictatorial governments in recent history.

We have faith in government: any government that goes too restrictive is bound to fuck up big time, which will give us great, reality-infused movie scenarios.



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