Transparency, Ethics, and Responsibility

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

2. 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

3. Secret Information Open Information

4. Open Information Secret Information

5. Mongolia’s Placement 51. Netherlands - 83 52. Colombia – 82 52. Mongolia – 82 52. Russia – 82 55. Romania – 81 56. Canada – 79 56. Malta - 79

7. Mongolia’s RTI Law: Strengths • Clear and simple procedures for filing access requests • A robust appeals mechanism • The law applies to most public bodies

8. 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

9. Content Rules • Codes of conduct should be applied by an independent regulatory body, or through self-regulation • Prior censorship is never appropriate

10. Advertising Restrictions • Harmful products: such as tobacco or alcohol • Prescription drugs • Adult products or services • Advertising targeted at children • Misleading ads • Rules on differentiation

11. Thank you for listening! Michael Karanicolas michael@law-democracy.org @RTI_Law www.law-democracy.org