The protection of sources and whistle-blowers 2015, para. 10
Paragraph- Paragraph text
- Second, under the well-accepted proportionality element of the necessity test, disclosure must be shown to impose a specific risk of harm to a legitimate State interest that outweighs the public's interest in the information to be disclosed. If a disclosure does not harm a legitimate State interest, there is no basis for its suppression or withholding (see general comment No. 34 of the Human Rights Committee, para. 30). Some matters should be considered presumptively in the public interest, such as criminal offences and human rights or international humanitarian law violations, corruption, public safety and environmental harm and abuse of public office. The importance of the public's interest has been emphasized repeatedly in other regional mechanisms. National laws relating to the right to information also commonly provide for a public interest analysis.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
- Reference
- SR Freedom of Opinion, Report to the UNGA (2015), A/70/361, para. 10.
- Paragraph number
- 10
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Date added
65 relationships, 65 entities