A legal right of access to information will be introduced to facilitate the work of professional journalists, as part of a wider reform aimed at promoting democratic debate and press freedom in Luxembourg. By submitting this draft law, the current government is responding to a long-standing demand by the Press Council to enshrine this right of access to information in law.
Access to information will now be anchored in a draft bill amending three existing legislative texts, as adopted by the Council of Government on 17 July and filed on 24 July.
On this occasion, the Prime Minister declared that: 'Press freedom is a keystone of our democratic system. Through this reform, the government acknowledges that it must continue to safeguard the work of journalists and allow them access to information that respects the principle of a transparent and open administration'.
The main objectives of the approved amendments are as follows:
Access to information – Amendment to the Law of 14 September 2018 on a tranparent and open administration, as amended
The amended Law of 14 September 2018 on a transparent and open administration (ATO) establishes the right of any person to have access to administrative documents held by public authorities and other bodies covered by the said law. Five years after this law came into force, the Prime Minister, Luc Frieden, and the Minister Delegate to the Prime Minister for Media and Connectivity, Elisabeth Margue, have agreed to adapt the law to recognise and implement the Press Council's demand for the introduction of a specific right of access to information. The draft law also aims to bring the national legal framework into line with the Council of Europe's Convention on Access to Official Documents (the Tromsø Convention).
Adaptation of the Law of 30 July 2021 on an aid scheme to promote professional journalism
Two years after the implementation of the Law of 30 July 2021 on an aid scheme to promote professional journalism, stakeholders in the journalism sector have confirmed the positive impact of the law. Specific amendments are proposed to clarify certain provisions and adjust certain financial mechanisms, while aiming to maintain a pluralist media environment favourable to freedom of expression in the Grand Duchy of Luxembourg. In addition, de minimis aid has been introduced to support smaller-scale journalistic projects, thereby encouraging the emergence of a variety of information media.
Definition of a ‘professional journalist’ – Amendment to the amended Law of 8 June 2004 on freedom of expression in the media
In order to further clarify the criteria for granting the professional journalist card, the Press Council has proposed that the government should revise the definition of a professional journalist, the definition of which is set out in full in the present draft law amending the amended law of 8 June 2004 on freedom of expression in the media.
'The adjustments proposed constitute a coherent package that both responds to the Press Council's demands and is in line with the government's approach to establishing a pluralist media environment and a framework that enables the press to fulfil its essential role in the functioning of our democracy,' said Minister Elisabeth Margue.
Press release by the Ministry of State and the Department of Media, Connectivity and Digital Policy