Limits to the use of news exclusives | 13
So the Ombudsman agreed with the Ministry of
Justice that the news that proceedings would
be instituted for the dissolution of LTF should
not have been brought as a news exclusive – but
he did not agree with the Ministry’s grounds.
The Ombudsman found that the news story
could not be brought as an exclusive because it
did not concern a political matter.
What are the ground rules for the use
of news exclusives?
Just as there are limits for the types of news
that can be communicated as a news exclusive,
so are there limits to the way the authorities can
act when they use news exclusives.
Here, it is again central that a news exclusive
not be used for illegitimate purposes.
This means, among other things, that news exclusives must not be used to pressure journalists and news media into giving a specific slant
to a story in such a way as to reflect positively
on the authority. Nor can news exclusives – like
all information – be withheld based on a wish to
punish a particular journalist or news medium.
As mentioned above, it is also important to be
very conscious of the principle of equality. This
means, for instance, that when an authority has
given a news exclusive to one news medium, it
cannot generally decline to give the same information to another news medium asking for the
same material. And dependent on the circumstances, the authority should advise the other
news medium on the possibilities of gaining
access to the information.
In other words, this means in practice that an
agreement on a news exclusive can be blocked
if another journalist requests access to files
in time before the news exclusive goes public.
One instance where this happened was when
Case No. 04.452
The Prime Minister’s Office had given a newspaper access to a speech which the Prime
Minister was going to give on the European
Union. The newspaper would run the speech as
a feature article on the same day that the Prime
Minister gave the speech. The day before the
speech was due to be given, however, another
newspaper also asked to see the speech. The
second newspaper was denied access to the
speech on the grounds that the first newspaper
had already been granted access. The reason
was that the Prime Minister’s Office wanted the
speech to go out as a news exclusive.
The Ombudsman stated in the case that an
authority’s interest in the launching of certain
messages as news exclusives – in order to
ensure effective coverage and optimal impact
– cannot in itself be denied legitimacy. However, the regard for effective coverage etc. cannot
claim such decisive weight against the statutory principle of free access to public records
and the administrative law principle of equality
that it can generally be used as grounds for
withholding information from others or that
others get delayed access.
Consequently, the Prime Minister’s Office
should immediately have given access to the
newspaper asking to see the speech, as there
were no grounds for delaying the decision on
access.
a newspaper asked the Prime Minister’s Office
for access to a speech which had already been
given to another newspaper. (Case No. 04.452).
Does this then also mean that there is a duty to
provide a journalist who asks for it with information which has previously been given verbally
as part of a news exclusive to another news
medium? That is a separate question.
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