المستخلص: |
It is obvious that freedom of expression is linked to the right to access information, as they represent two basic pillars of participatory democracy, transparency and the fight against corruption. Media platforms in general cannot contribute to enlightening public opinion as required in the absence of means that enable them to access information easily and conveniently. Morocco has taken important steps in recognizing and exercising this right. Article 27 of the Moroccan Constitution allows citizens, both male and female, the right to access information held by the public administration, elected institutions and bodies entrusted with public service tasks. However, it excludes from this all information related to national defense, internal and external state security, and the private lives of individuals, as well as information that may affect the freedoms and fundamental rights stipulated in the Constitution. Since this constitutional description made this right a fundamental pillar of the foundations of consolidating and deepening democracy, Law No. 13-31 came to constitute an actual and tangible translation of the implementation of the provisions of the Constitution and its legal and institutional requirements, and a clear expression of a political will that aims to respond to the needs expressed by the quantitative and qualitative development of the administration and society. However, the constitutional implementation of this approach is still in its early stages. Also, the recognition of this right constitutionally did not prevent the legislator from introducing some exceptions to it and restricting it to some provisions. Here we can stand on some indicators that may indicate the “reservation” of the Moroccan legislator from opening the field widely to the citizen, whether he is an ordinary citizen, a journalist or a human rights activist..., which may negatively affect the freedom of access to information in one way or another
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