U-LEAD experts are regularly asked by municipal officials about publishing information on the council’s website. For instance, can public information be published under martial law? What exactly can be published? Should access to official websites be restricted completely for security reasons?
The info session “Publication of Public Information under Martial Law for Municipalities of the Zaporizhzhia, Mykolaiv and Kharkiv oblasts”, which took place at the Regional Office of U-LEAD with Europe in the Zaporizhzhia oblast, provided answers to these and other questions.
According to the head of the Office, Tetiana Bordiuh, the event focused on the public information to be published, the requirements and restrictions for its publication, official websites and work with state web portals. Participants were also reminded of the basic laws and regulations that guarantee the right to access public information and received explanations on the legislative changes in this area under martial law.
“According to the law, a key resource with up-to-date and reliable information is still the official website of a local council. It should be the primary source of official information for the people in the municipality,” U-LEAD expert said.
As was stressed by Tetiana Korobka, U-LEAD Advisor on Local Self-Government and Decentralisation in the Sumy oblast, the right of citizens to access public information is enshrined in Article 34 of the Constitution of Ukraine, and the Law of Ukraine “On the Procedure of Media Coverage of the Activities of State Authorities and Local Self-Government Bodies in Ukraine” obliges local self-government officials to inform the media about their activities and to ensure access to information, as well as forbids pressure on and interference in the work of the media.
The advisor also pointed out that the above law will be invalid on 31 March 2023, superseded by the Law of Ukraine “On Media”.
“The principle of access of citizens to information processed by a local self-government body is enshrined in a number of laws and regulations (Laws of Ukraine “On Local Self -Government in Ukraine”, “On Access to Public Information”, the Budget Code of Ukraine). They all guarantee the right to information and provide for openness and accessibility of information, freedom of information exchange; authenticity and completeness of information; freedom of expression and beliefs; legitimacy of obtaining, using, dissemination, storage and protection of information, etc. In turn, the Budget Code establishes the principle of transparency of the budget system in combination with its publicity. All these principles enshrine the right to access to information even under martial law,” the expert said.
At the same time, the law provides for cases of restriction of access to public information. This is the so-called three-part test provided for in Article 6(2) of the Law of Ukraine “On Access to Public Information” and detailed in Resolution of the Plenum of the High Administrative Court of Ukraine “On the Application of the Case Law on Access to Public Information by Administrative Courts” No. 10 dated 29 September 2016.
Access to information should be restricted in compliance with the law subject to the following requirements:
- solely in the interests of national security, territorial integrity or public order to prevent disorder or criminal offences; for the health of the population, to protect the reputation or rights of others; to prevent the disclosure of confidential information; or to maintain credibility and impartiality of the judiciary;
- disclosure of information can cause significant harm to these interests;
- harm caused by the publication of such information supersedes any public interest in receiving it.
“Access to information may be restricted subject to compliance with the totality of all three grounds, taking into account the specific situation the municipality and its people find themselves in. And remember that the life and health of people often depend on timely information,” said Tetiana Korobka.
Municipal officials also worked with Mykhailo Shelep, Advisor on Decentralisation and Local Self-Government of the Regional Office of U-LEAD with Europe in the Rivne oblast, and Svitlana Seldina, Advisor on Municipal Finance and Governance of the Regional Office of U-LEAD with Europe in the Zaporizhzhia oblast.