حرية الوصول للمعلومات بين القيود و الاستثناءات في الدساتير العربية : دراسة مقارنة

Abstract EN

The study aims to consolidate the culture of exercising the right of accessing information and to organize it to reach a clear concept about the impact of this right on the rights of citizens, as well as to review the limitations and exceptions facing the implementation of this right in the legislation of Arab countries, also to identify mechanisms used in the evaluation process to impose limitations and exceptions.

A random sample of (85) faculty members was selected from the faculties of law and media at the universities (Baghdad, Iraqia and Mustansiriya).

The questionnaire was used to collect data and the comparative methodology was used to find similarities and differences in the answers of the sample members.

The most important results of this study are: • Arab constitutions are still incomplete in formulating concepts and terminology and setting restrictions on access to data and information.

• There is a need to review the experiences of States in the field of free access to information to benefit from them when enacting laws in this field, as well as the need to subject the constitutions enacted for review in order to achieve the interests of the Arab citizen.

• One of the most justified reasons for placing restrictions and exceptions on data and information and preventing access to them are those limitations and exceptions placed on data and information classified as confidential because they threaten national security.

• There are risks that can occur in the event of restrictions and exceptions imposed on the right of access to information, where blocking leads to control of the culture of citizens, ideas and attitudes, and the media may become constrained and a means to express the views of the Authority and a tool in its hands.

The study crystallized a set of recommendations, the most important of which is the maturity of the Arab legislation regarding the right of access to information, and away from the limitations that hinder the application of this right, and the need to adopt the principle of "harm" and "public interest" in the development of restrictions and exceptions to the availability of data and information.