AFTE has released its first comparative legal study on “freedom of exchange of information” realizing the need for a legal foundation of this essential right and vital component of democracy.
The study consists of two sections; the first reviewing freedom of exchange of information in the constitutional context, including the 1971 constitution which was cancelled after the 25th of Jan revolution and in the constitutional declarations released by SCAF.
The second section reviews the same right in international human rights law and comparative legislations.
Section three of the study reviews “freedom of exchange of information” within Egyptian legislations ranging between accessibility and blockage regarding historical archives, press material and other daily circulating information.
The fourth section addresses some concepts related to freedom of exchange of information such as confidentiality, and national security in view of their frequent use as arguments against granting such freedom.
Section five summarizes some judicial provisions as well as the most important court cases addressing the right to exchange of information in Egypt. The study concludes with the a comparative review of two systems, the Indian and Jordanian system, as examples of two countries that have passed legislations in that regard, shedding light on the advantages and disadvantages of each legislation.
The study aims to provide a legal analysis of the pitfalls of Egyptian legislations regarding restrictions on exchange of information and the extent that these violate international standard. The analysis is important considering that the country is in the process of developing a new draft of the law.
