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The Importance of the Right of Access to Information

On 28 September, the international community observes the International Day for Universal Access to Information, as designated by the United Nations. This year, the United Nations dedicated an event to raising awareness about environmental information in a world that is becoming increasingly digital by the day.

In recognition of the significance of this occasion, the OCHRD issues the present report with the aim of promoting knowledge and raising awareness of the fundamental importance of the right to access information in our daily lives. Ensuring the availability of this right is essential to strengthening transparency, particularly as the dissemination of information and the facilitation of public access thereto enable individuals to scrutinise the work of their authorities and governments, thereby empowering them to assess institutional performance and hold those in power accountable.

The concept of the right to access information usually refers to individuals’ right to obtain or access information without censorship or restrictions. Some academics argue that public access to information about those in power is an essential component of democracy and transparency, achieved through the open dissemination of information.

Article 19 of the Universal Declaration of Human Rights guarantees this right, as does Article 19 of the International Covenant on Civil and Political Rights, in order to support freedom of opinion, expression, and publication, including the pursuit of information in safety. Information concerning government work, official institutions’ expenses and officials, corruption issues, the functioning of security apparatuses in internal and external matters, and more, is information that belongs to citizens and not the government alone. Therefore, withholding this information without declaring the reasons is considered a violation of the citizen’s right to access information and may indicate not only poor governance but also corruption and a series of crimes committed in secrecy and in public.

Political authorities cannot be considered sincere in dealing with information related to their work unless there are legal legislations that allow the press and media, especially independent ones, to access the workings of the authority and its decision-making processes. This usually provides an opportunity for all institutions and even individuals to hold the government accountable. One of the fruits of genuine democracy is not only monitoring the government’s performance and holding it accountable but also the right to access information that can help you understand how your country is managed, leading to effective and genuine participation in decision-making.

The right to access and obtain information is a right for every citizen and institution, and it is a useful mechanism that helps improve government performance and increase the quality of work because citizens, in this case, know what the government is actually doing and can hold it accountable if its performance is questionable in various aspects, such as public spending, budgeting, national projects, judiciary, security, and laws.

In Oman, this right is not present in local laws, and the government reserves the management mechanism of the country and even legislation, the appointment of officials, considering this behavior an inherent right that does not require explanation or justification to citizens. Furthermore, it never hesitates to take punitive measures against anyone who dares to hold it accountable or criticize its performance, while keeping information hidden.

The Basic Statute of the State referred to in Article 37 that freedom of the press, printing, and publishing are guaranteed according to conditions determined by the law, as well as the same article that prohibits publishing anything that could incite discord or harm national security, without clarification!

On 10 November, Haitham bin Tariq issued Royal Decree No. 58/2024 concerning the Media Law. Although the new law repealed its predecessor, it simultaneously incorporated many of the provisions from the previous legislation and even expanded upon them, granting the authorities greater control over and restriction of media activities. For instance, Clause (2) of Article 4 stipulates a prohibition on publishing any information related to an ongoing investigation or trial until a final verdict is issued. In contrast, under the previous “Press and Publications Law,” Article 29 required a court order to prevent publication, meaning that publication could only be restricted if the court explicitly decided against it.

The new law dedicates an entire chapter to penalties, whereas the previous law contained only four penalties related to printing, licensing of publications, and the dissemination of content deemed to undermine the Sultan or the ruling family, in addition to the publication of prohibited materials. In contrast, the new law includes ten distinct penalties (Articles 50-59) and grants judicial enforcement powers to Ministry of Information officials for the implementation of its provisions, as stipulated in Article 49. Notably, the new law avoids duplicating penalties already specified in the Penal Code, such as those related to undermining the Sultan or the ruling family.

Clause (3) of Article 4 of the law stipulates a prohibition on publishing or broadcasting any news, information, or data that the Ministry has instructed not to disclose. This brings to mind previous cases, such as the closure of the newspaper “Al-Zaman” in 2016, following its publication of an investigative report on corruption within the judiciary and high-ranking state positions. Additionally, there was the incident of the terrorist attack in the Al-Wadi Al-Kabir area of Muscat Governorate in July of this year, where both state and private media outlets refrained from reporting or covering the event due to security directives prohibiting publication.

On 11 September 2025, the Minister of Information issued a ministerial decision introducing the executive regulations of the Media Law. The decision sparked widespread debate and was met with criticism from journalists, writers, and media professionals inside Oman.

Moreover, Article 115 of the Omani Penal Code acts as a real obstacle to journalistic and media work, even bloggers, as it punishes them with imprisonment for a period not less than 3 months and not exceeding 3 years for reasons related to publication and blogging about issues that the authority can interpret as purposeful news and data that could undermine the dignity of the state or affect the economic process.

It is worth noting that one of the most significant obstacles preventing the existence of civilised, democratic laws that respect the rights of citizens is that the Sultan holds many positions, including the presidency of the Council of Ministers. This prevents knowing the details of what is happening, whether before or after decisions are made. It poses a challenge and obstacle to journalists and bloggers alike since Article 97 of the Penal Code punishes with imprisonment for a period not less than 3 years and not exceeding 10 years anyone who criticises the Sultan.

Freedom of access to information is not available in Oman, and anyone who attempts to comment or cover issues related to corruption by officials or even errors in the government’s work in Oman is at risk of arrest and imprisonment.

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