Response from (& to) Benedikte Strøm: Secretary for the Appeals Board for Environmental Information : Subject: Decisions of the Appeals Board for Environmental Information We refer to your appeal of June 18 2012 against Adresseavisen, Aftenposten, Bergens Tidende, Dagbladet, NRK, TV2 and VG regarding the undertakings decline to provide a justification for the decision not to publish two articles related to the incident on July 22 2011 and terrorism. We also refer to your appeal of August 16 2012 against the Norwegian Bar Association´s Disciplinary Committee and the Disciplinary Board regarding their refusal to provide an environmental justification for the policy to refuse complaints by e-mail. According to the Environmental Information Act section 16 (1) "Any person is entitled to receive environmental information from undertakings such as are mentioned in section 5, sub-section 2, concerning factors related to the undertaking, including factor inputs and products, which may have an appreciable effect on the environment". |
The right to receive environmental information from undertakings is limited to information concerning factors "which may have an appreciable effect on the environment".
Concerning your first appeal, the Appeals Board for Environmental Information would like to point out that the editorial choices made by the staff working for newspapers, TV channels etc. are not factors related to the undertaking which may have an effect on the environment. The information that you have requested from Adresseavisen, Aftenposten, Bergens Tidende, Dagbladet, NRK, TV2 and VG is thus not "environmental information".
Regarding your second appeal, against the Norwegian Bar Association´s Disciplinary Committee and the Disciplinary Board, the Appeals Board finds that the policy to refuse complaints by e-mail is not a factor which may have an appreciable effect on the environment.
On these grounds, the Appeals Board has made the following decision:
The appeals are denied as not justified.
The decision of the board is final and is not subject for further appeals. Disputes about the duties of undertakings according to The Environmental Information Act may be subject for legal proceedings.
Regarding your first appeal, the secretariat for the Appeals Board adds that editors` freedom to make decisions in editorial issues is granted in the Act regarding Editorial Freedom in the Media section 4.
Text of Email from Benedikte Strom:
Sent: Monday, September 10, 2012 3:45 PM
To: Lara Johnstone
Cc: '**@adresseavisen.no'; '**@aftenposten.no'; '**@bt.no'; '**@dagbladet.no'; '**@nrk.no'; '**@tv2.no'; '**@vg.no'; '**@advokatforeningen.no'; '**@jus.no'
Subject: Decisions of the Appeals Board for Environmental Information
Dear Lara Johnstone,
We refer to your appeal of June 18 2012 against Adresseavisen, Aftenposten, Bergens Tidende, Dagbladet, NRK, TV2 and VG regarding the undertakings decline to provide a justification for the decision not to publish two articles related to the incident on July 22 2011 and terrorism. We also refer to your appeal of August 16 2012 against the Norwegian Bar Association´s Disciplinary Committee and the Disciplinary Board regarding their refusal to provide an environmental justification for the policy to refuse complaints by e-mail.
According to the Environmental Information Act section 16 (1) "Any person is entitled to receive environmental information from undertakings such as are mentioned in section 5, sub-section 2, concerning factors related to the undertaking, including factor inputs and products, which may have an appreciable effect on the environment".
When used in the Environmental Information Act, the term "environment" means the external environment, including archaeological and architectural monuments and sites and cultural environments, cf. section 2 (2) of the act. Information regarding the social environment is thus not considered "environmental information" as the term is defined in the act. Information concerning human health, safety and living conditions, is only considered "environmental information" to the extent that these factors are or may be affected by the state of the external environment or factors that affect or may affect the environment, cf. section 2 (1).
The right to receive environmental information from undertakings is limited to information concerning factors "which may have an appreciable effect on the environment".
Concerning your first appeal, the Appeals Board for Environmental Information would like to point out that the editorial choices made by the staff working for newspapers, TV channels etc. are not factors related to the undertaking which may have an effect on the environment. The information that you have requested from Adresseavisen, Aftenposten, Bergens Tidende, Dagbladet, NRK, TV2 and VG is thus not "environmental information".
Regarding your second appeal, against the Norwegian Bar Association´s Disciplinary Committee and the Disciplinary Board, the Appeals Board finds that the policy to refuse complaints by e-mail is not a factor which may have an appreciable effect on the environment.
On these grounds, the Appeals Board has made the following decision:
The appeals are denied as not justified.
The decision of the board is final and is not subject for further appeals. Disputes about the duties of undertakings according to The Environmental Information Act may be subject for legal proceedings.
Regarding your first appeal, the secretariat for the Appeals Board adds that editors` freedom to make decisions in editorial issues is granted in the Act regarding Editorial Freedom in the Media section 4.
Regards,
Benedikte Strøm
Secretary for the Appeals Board for Environmental Information
_____________________________________________________________
E-mail: [email protected]
Phone: +47 22 57 36 68 – Fax: +47 22 67 67 06
Address:
The Appeals Board fo rEnvironmental Information
co/Climate and Pollution Agency
PO Box 8100 Dep, NO-0032 Oslo, Norway (Strømsveien 96)
Web: http://www.miljoklagnemnda.no
Interim Response to Env. Appeals Board:
Sent: Monday, September 10, 2012 4:57 PM
To: 'Benedikte Strøm'
Cc: **@adresseavisen.no; **@aftenposten.no; **@bt.no; **@dagbladet.no; **@nrk.no; **@tv2.no; **@vg.no; **@advokatforeningen.no; **@jus.no
Subject: RE: Decisions of the Appeals Board for Environmental Information
Ms. Strom,
Could you please provide this ruling on an official letterhead in word or pdf format, including relevant case or reference numbers.
Thank you.
Lara Johnstone