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Freedom of information in Sweden, the USA and the UK

Right to Information · Unit I · Topic 1 of 16 · 6 min read

How the idea of a citizen's right to see government records grew up: Sweden's press law of 1766, the American Freedom of Information Act of 1966 and its post-Watergate amendments, and the British move from official secrecy to the Freedom of Information Act 2000.

On this page
  1. 1. Why the comparative history is set
  2. 2. Sweden: the first law, 1766
  3. 3. The United States: FOIA, 1966
  4. 4. The United Kingdom: from secrecy to the 2000 Act
  5. 5. What India took from these models
  6. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. Three countries, three dates: Sweden 1766, the United States 1966, the United Kingdom 2000 (in force 2005). For each, know the statute, the body that hears complaints, how exemptions work, and one feature India borrowed. That is enough for a 16-mark answer and it gives the opening for any essay on the history of the right in India.

1. Why the comparative history is set

The Indian Act of 2005 did not appear from nowhere. Its drafters had before them laws that had been working for decades elsewhere, and several of its features — a time limit for replies, an independent appellate body, a list of exemptions with a public interest override — come from that experience. The syllabus therefore begins with Sweden, the USA and the UK. In the examination the question usually reads “Trace the historical development of freedom of information in Sweden, USA and UK”, sometimes joined with the position in India before 2005.

2. Sweden: the first law, 1766

Sweden is credited with the world’s first freedom of information law. The Freedom of the Press Act of 1766, passed by the Riksdag, abolished political censorship of printed matter and, for the first time, gave the public a right of access to official documents. The moving spirit is usually identified as Anders Chydenius, a priest and member of the Riksdag, who argued that the free circulation of public documents was the best check on misgovernment.

The principle that emerged is known as the principle of public access (offentlighetsprincipen). Its features are worth listing because they remain the model:

The Swedish law also extended to Finland, then under Swedish rule, which is why the Nordic countries share the tradition.

3. The United States: FOIA, 1966

The American Freedom of Information Act was signed by President Lyndon Johnson on 4 July 1966 and took effect the following year. It is codified at 5 U.S.C. §552. It replaced a provision of the Administrative Procedure Act of 1946 that had allowed agencies to withhold records “for good cause”, a phrase which in practice meant almost any cause.

Its main features:

The Act was weak in its first years: agencies delayed and charged heavy fees. After the Watergate affair, Congress passed the 1974 amendments over President Ford’s veto. They imposed time limits for replies, allowed courts to inspect withheld documents privately (in camera), provided for costs against the Government and for disciplinary action against officials who withheld records arbitrarily. The same year saw the Privacy Act, 1974, giving individuals access to records about themselves, and in 1976 the Government in the Sunshine Act required many federal bodies to hold their meetings in public. The Electronic Freedom of Information Act Amendments, 1996, brought electronic records within the Act and required agencies to place frequently requested material online.

4. The United Kingdom: from secrecy to the 2000 Act

Britain came late, because its tradition was the opposite: government business was confidential unless the Crown chose to publish it. The Official Secrets Act, 1911, especially its notorious section 2, made the unauthorised disclosure of almost any official information an offence. That section was replaced by the narrower Official Secrets Act, 1989, which confines the offence to specified classes such as security, defence and international relations. Access to historical records came through the Public Records Acts of 1958 and 1967, which opened most records after thirty years.

The first general scheme of access was non-statutory: the Code of Practice on Access to Government Information, 1994, policed by the Parliamentary Ombudsman. The Freedom of Information Act, 2000 followed. It was brought fully into force on 1 January 2005. Its features:

Scotland has its own Freedom of Information (Scotland) Act, 2002, with a Scottish Information Commissioner.

5. What India took from these models

Where India differs: the right under section 3 belongs only to citizens, whereas the American and British laws are open to any person; and India added personal penalties on the officer who defaults (section 20), which neither of the older statutes has in that form.

How this is examined

As a 16-mark essay: “Trace the history of freedom of information in Sweden, USA and UK.” Write one section per country with the date, the Act, the enforcement body and the treatment of exemptions, then end with the paragraph on what India borrowed. The April 2021 paper asked instead for the development “prior to the RTI Act, 2005 in India”; begin that answer with two or three sentences from this note and then turn to the Indian material in the next note. Examiners reward the three dates and the names of the statutes; a long account of the political background earns little.

Now try the real questions: Right to Information past question papers.