In Greece, public information is accessible in theory, but not in practice. Journalists must spend time and effort to gain access. To be more precise, there is no media law specifically providing journalists with unrestricted access to public information. However, there are laws addressing citizens generally, which safeguard the above right. According to the Greek Constitution (Article 10, para. 1 & 3), citizens may either individually or as a group report in writing to the authorities asking for information or documents, and the authorities must provide a reasoned reply to the applicant or applicants within a specified period of time. With the constitutional revision of 2001, another Article (5A) was added to the supreme state law, which recognised citizens’ right to information and to participation in the Information Society (Hellenic Parliament, 2019).
This important right of citizens is specialised in more detail in Law 1599/1986 (Article 16), defining that “every citizen has the right to be informed of administrative documents”, and at the same time, the presidential decree 28/2015, coding the provisions for access to public documents and data, defines that “any person concerned/interested, at his/her written request, has the right to be informed of the administrative documents” (Official Government Gazette/FEK, 1986: 1644). The legislator’s reference to “anyone interested” implies that the application for access to administrative documents should be based on a reasonable interest on the part of the applicant, whether they are a citizen or a journalist.
In the case of journalists, this reasonable interest (as defined by the law) derives from their obligation to provide the audience with accurate and timely information based on the principle of content documentation. However, this need for news documentation cannot be achieved without prior access to administrative documents. Therefore, the journalist’s potential to request a public document is directly related to the satisfaction of an individual right and a wider public interest.
In practice, many times public information is accessible only in theory, as journalists must spend time and effort to gain access, since it may pose considerable problems or difficulties. One of the most common or recurring features is the tacit refusal of the administration to provide information requested by the journalist, or its long-lasting delay that amounts to refusal. This negative attitude on the part of the administration at times may stem from political expediencies, meaning the administration’s desire to protect politics.
Although journalists’ access to public information cannot be characterised as totally unhindered or unrestricted, reporters enjoy an open communication regime when it comes to their contacts with politicians. A representative of JUADN argued:
Generally, there is an open field between politicians and editors […]. What Journalists’ Union of Athens Daily Newspapers is interested in is the observance of both the legislation and the rules of ethics in the way public information is collected, processed, and published.
In general, the accredited journalists to public sector bodies (such as ministries) gain easier access to public information, compared with other reporters or freelancers. In any case, all journalists, depending on their experience, gradually compile a list of personal contacts being used as a valuable source of information, even on topics regarding government or state activities. Nevertheless, in exceptional cases, there is still information inaccessible to anyone, deliberately hidden by those in power. An opinion-article journalist said, “There is quasi-public information intentionally hidden by the political sources”.