SUMMARIES OF SELECTED STATEMENTS
2017-25. No requirement to give access to information which had
previously been given verbally to another medium as part of an
exclusive story
A journalist complained to the Ombudsman because the then Ministry of
Immigration, Integration and Housing had declined to give him some information which had previously been given verbally to another medium. In the
journalist’s opinion, he had been subjected to illegitimate differential treatment.
The journalist had asked to be informed whether the Minister supported a
parliamentary motion to tighten the rules on deportation of criminal foreign
nationals and had been given the reply that the Minister would state her position during the parliamentary debate, which was due to take place two days
later.
On the day of the parliamentary debate, the journalist learnt that the Minister
had given an interview to the other medium the day before and had stated
during the interview that the Liberal Party would vote against the motion.
It later turned out that the Ministry’s dialogue with the other medium had
been initiated the day before the journalist who complained to the Ombudsman contacted the Ministry about the same question. It also emerged that the
Ministry had decided to present the Government’s position on the motion as
an exclusive story in the other medium.
The Ombudsman noted that there are no written sources of law governing the
question whether an authority is required to give access to information which
it has previously communicated verbally to another medium as part of an exclusive story. For this reason, the issue was to be considered in accordance with
the general principles of administrative law on equality and legitimacy.
On the one hand, it could be argued that the acceptance of differential treatment which the very recognition of the concept of exclusive stories reflects has
the necessary consequence that the further differential treatment constituted
by the authority declining to give the same information to another medium
will also be legal. On the other hand, it could be regarded as unreasonable
if the present situation were to be different from a situation in which the
information had been provided in document form. In the latter situation,
the Ministry would as a general rule have been required to give access to the
documents under the Access to Public Administration Files Act.
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