This is the refusal ground most often met in court reporting. The Law ties the limit to a consequence: to what the disclosure of the information would lead.
The Text
Art. 20 of Law No. 4982 keeps outside the right to information those information and documents that are of a nature to lead to the commission of an offence or to endanger questioning if disclosed.
A Separate Area: The Trial Itself
The freedom of information exception and the publication limits within the trial process are different regimes.
| Issue | Regime | Basis |
|---|---|---|
| Requesting information from the administration | Freedom of information legislation | Law No. 4982 Art. 20 |
| Recording in a hearing | Procedural legislation | the courtroom recording guide |
| The content of a closed hearing | Procedural legislation | the closed hearing guide |
| A publication ban decision | Constitution Art. 28 + the limits laid down by law | the publication ban guide |
Art. 28 of the Constitution draws the distinction: save for decisions given by a judge within the limits to be laid down by law, in order that the judicial function may be performed consistently with its purpose, no publication ban may be imposed on events.
The Publication Limits in the Press Law
In court reporting Law No. 5187 draws limits in two articles:
- Art. 21 - publishing in a way that discloses, or leads to the recognition of, the identities of persons in reports on sexual relations between persons prohibited from marrying under the Civil Code, of victims in reports on the offences listed, and of offenders or victims under eighteen, is punished.
- Art. 20 - publishing writing and pictures on sexual assault, murder and suicide that exceed the limits of reporting and are capable of encouraging readers to such acts is punished.
In both articles the penalty starts from a higher base for regional periodicals, national periodicals and internet news sites.
The Limitation Period Once More
In court reporting Art. 26 of Law No. 5187 should also be remembered: criminal proceedings relating to offences committed through printed works or internet news sites must, as a condition of prosecution, be brought within four months for daily periodicals and internet news sites and within six months for other printed works.
The Source Safeguard
Law No. 5187 Art. 12: the owner of a periodical, the responsible editor and the author of the work cannot be compelled to disclose their news sources of any kind, including information and documents, or to give evidence on the matter.
When You Are Refused
- Ask the body to give reasons for the concrete risk disclosure would create.
- Try narrowing your request to completed procedures.
- Request statistical and aggregated data - not case- or person-level.
- Object to the Board for the Review of Access to Information within fifteen days.
- On the publication side, review the limits in Arts. 20 and 21 of Law No. 5187 separately.
Summary
- Information and documents whose disclosure would lead to the commission of an offence or endanger questioning are outside the scope of freedom of information.
- The measure is not the stamp on the document but the consequence of disclosure.
- The freedom of information exception and the publication limits during a trial are separate regimes.