ABSTRACT

Freedom of information and freedom of expression are very closely linked since some speech is dependent on access to information which is in turn a form of speech. Therefore, what may be termed ‘freedom of information’ issues could also be treated as aspects of freedom of expression. However, the overlap is not complete: in some circumstances, information may be sought where there is no speaker willing to disclose it. Such a situation would tend to be considered purely as a freedom of information issue (more accurately, as a question of access to information). This distinction receives support from the wording of Art 10 of the European Convention, which speaks of the freedom to ‘receive and impart information’, thus appearing to exclude from its provisions the right to demand information from the unwilling speaker. Also, the phrase ‘without interference from public authorities’ does not suggest that governments should come under any duty to act in order to ensure that information is received.