These types of news stories are those initiated by the journalist off of the news agenda. Main frameworks for investigative journalism are:
Miscarriages of justice
Exposing corruption
Exposing political manipulation
Previously, journalists had to rely solely on Article 10 of the Human Rights Act to express themselves; this changed with the appointment of Tony Blair and therefore the New Labour policy objective. The change came in the form of the Freedom of Information Act 2000 coming into force in 2005.
‘Unnecessary secrecy in government leads to arrogance in government and defective policy decisions’ Tony Blair 1995
Between the years 2000 to 2005, civil servants campaigned to safeguard information and create limitations upon the act.
The act covers 130,000 bodies named on the national archive and receives 100,000 requests a year costing a total of £34 million. Journalists, however, make up only 12% of the requests.
What does it cover?
Everything – ‘any person making a request for information to a public authority is entitled…to have information communicated to him’.
There is a legal right of access to any information held by most public authorities unless there is a valid reason. Any information request should be in writing – it is a free process where email can even be used.
Exemptions
Organisations can refuse a request if the costs exceed £600 or £450 for smaller authorities.
- Absolute (e.g. security services, court)
– This exemption means there is no duty to confirm or deny that any information exists
- Qualified (ministerial communications, commercial confidentiality)
– The information should still be given if the balance of the public interest favours disclosure
Public Interest
- Promoting accountability and transparency
- Furthering the understanding and participation in the public debate of issues of the day
- Allowing individuals and companies to understand decisions
- Public health and safety
Organisations are given 20 days to respond to a request – 40 days if the public interest test is necessary. There is no need to provide a reason for the information request, it should not be relevant.
What if there is a refusal?
- Internal review
- Information Commissioner
- Information Tribunal
- High Court
Common law can challenge the decision
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