Luxembourg Introduces Right of Access to Information for Journalists

On Wednesday 24 July 2024, Luxembourg’s Ministry of State’s Media, Connectivity and Digital Policy Department announced that a right of access to information will be introduced to facilitate the work of professional journalists, which forms part of a broader reform aiming to promote democratic debate and freedom of the press in Luxembourg.

By submitting this bill, the current government is following up on a long-standing demand from the Press Council to enshrine this right of access to information in law.

Access to information will now be enshrined in a bill amending three legislative texts, a bill that was adopted by the Government Council on 17 July and submitted on 24 July.

On this occasion, Luxembourg’s Prime Minister, Luc Frieden, stated that: “Freedom of the press is a cornerstone of our democratic system. Through this reform, the government recognises that it is necessary to continue to protect the work of journalists and allow them access to information that respects the principle of a transparent and open administration."

The approved amendments pursue three main objectives.

Access to information

The amended law of 14 September 2018 on a transparent and open administration (ATO) enshrines the right of any person to access administrative documents held by public authorities and other bodies covered by the law. Five years after it entered into force, Prime Minister Frieden and Minister Delegate to the Prime Minister, responsible for Media and Connectivity, Elisabeth Margue, have agreed to adapt the law. This amendment aims to recognise and implement the Press Council's demand for a specific right of access to information, aligning the national legal framework with the Council of Europe Convention on Access to Official Documents (Tromsø Convention).

Adaptation of the Law of 30 July 2021 on an Aid Scheme for Professional Journalism

Two years after its implementation, stakeholders in the journalism sector have confirmed the positive impact of the law of 30 July 2021 on an aid scheme for professional journalism. Specific amendments are proposed to clarify certain provisions and adjust financial mechanisms while aiming to maintain a pluralistic media environment conducive to freedom of expression in Luxembourg. Additionally, de minimis aid is introduced to support smaller journalistic projects, encouraging the emergence of varied means of information. The main change here is that regarding the support of a pluralistic media environment, the three-year “cap” has now been removed. The other changes are relatively minor.

Definition of professional journalist 

The Press Council has proposed to the government an update of the definition of a professional journalist to further clarify the assessment criteria for granting the professional journalist card. This updated definition is fully incorporated into the draft law amending the amended law of 8 June 2004 on freedom of expression in the media, ensuring a clearer understanding and application of the criteria.

“The proposed adaptations constitute a coherent whole that meets both the demands of the Press Council and aligns with the government’s approach aimed at establishing a pluralist media environment and a framework that allows the press to fulfill its essential role in the functioning of our democracy,” declared Minister Margue.