Even though national law does not require us to justify the reason or interest for which we request certain information from the authorities, yet, lawyers recommend indicating the purpose of the request. This is an element that can play a decisive role if we go to a national court or even to the European Court of Human Rights (ECtHR). The fastest and safest way to get information is to send requests by e-mail but it is mandatory to sign them electronically. These and other tips were offered by Lawyer Nicolae Frumosu to the participants in the webinar "Simulation of Process of Obtaining Public Interest Information," held by API at the end of January. The training was attended by representatives of various newsrooms beneficiaries of the Consultancy and Assistance Centre for Regional Independent Media Outlets.

In the first part of the workshop, the lawyer referred to the content of the request for access to public interest information, the modalities and ways of submission, etc. “I recommend that you indicate in the application at least an approximate reason why you need the information. It does not cost you anything, however, it will not give judges the opportunity to invoke the ECtHR caselaw and you to lose a possible lawsuit. In ECtHR legislation, such justification is mandatory, as the European court guides itself by the conditions of admissibility i.e. a prejudice should be invoked, when considering cases. If no purpose is indicated, there is no prejudice," Nicolae Frumosu explained. He also noted that journalists often want to obtain information promptly from the authorities: “Time is precious and news is perishable goods, it is easily altered, that's why you have to act quickly. The fastest way is to send the application by e-mail, although you can also submit it in writing to the public authority, or by regular mail, but it must be accompanied by an electronic signature. If the application has other documents attached, it is sufficient to apply a single electronic signature to the whole set of documents. The authority is required to communicate the incoming registration number of the application within two days at the most, by the same means. If you submit it by regular mail, you can use one of the (paid) postal services through which the postal worker, before sealing the envelope, certifies its contents. In such way, the public authority would not challenge the content of the postal envelope (i.e., would not invoke that it contained something other than your request/or that the envelope was empty)," the lawyer specified. 

The Legal Advisor of the Consultancy and Assistance Centre also referred to the actions to be taken when the authorities do not reply to requests, send replies refusing to satisfy the request or provide incomplete answers. Participants shared their experience with accessing information. "It has not happened just once that I have not received answers from the authorities to my requests for information, or their information was incomplete. I have also been involved in a lawsuit that lasted a long time, and my interest in the information requested had meanwhile passed, it was no longer of current interest. We resigned ourselves and lost the urge to go to court again. For our public, it is already better to mention that the authorities refused to provide information of public interest and for the citizens on their own to draw the conclusion on who governs them and if those deserve to lead them further," exemplified Tatiana Djamanov, director of Radio Orhei. The media outlet directors and editors had the opportunity to ask questions to the lawyer, and the answers and other information from the webinar can be accessed at the link available HERE. 

In January 2021, within the Consulting and Assistance Centre, API also held the webinar for accountants "Fiscal Policies in 2021", delivered by the accounting consultant Tatiana Prisacar. Six other thematic workshops took place between August and December 2020. 

In January 2021, as many as 54 employees of 19 newsrooms and media outlets benefited from the services of the Consulting and Assistance Centre, and a total of 296 of media professionals have benefited in the five months since the reactivation of the Centre. The Consulting and Assistance Centre for regional independent media outlets will operate until June 2021, and newsrooms are urged to use the services of consultants whenever needed, by accessing the application on the website www.api.md. 

The project ”Program of Assistance for Independent Regional Media Outlets” is implemented by the Association of Independent Press Association (API) and funded by the US Embassy in the Republic of Moldova. The opinions expressed within the project belong to the authors of the project and do not necessarily correspond to those of the US Embassy.