Protection of the Rights to Know : Cases study of Asian countries

Abstract

“The Right to Know” is regarded as an integral part of freedom of expression and freedom of information, which are significant basis of liberal democratic regime and legally recognized by international and domestic law. Additionally, the restriction of the right to know shall not be imposed, except by virtue of a provision of law enacted for legitimate purposes.

This article examines various aspects of the right to know including its definition and global context and its constitutional recognition in Thailand and in other Asian jurisdictions - South Korea, Indonesia, and Taiwan. The notable decisions of the foreign constitutional courts that illustrates the protection of such right are also mentioned. It might therefore be mentioned that the development of technology that affects the ways of communication, the acquisition of information, and the expression of thought illustrates the significance of the right to know is a significant basis of democratic regime where the right of people to participate as the sovereign people is apparently recognized.

The findings of the study, based on an examination of the definitions of the recognition of rights at the international level and within the Asian region, highlight key issues related to the Right to Know. These include the role of emerging technologies that enhance communication capabilities and access to information through social media. However, such technologies also pose challenges concerning privacy, the accuracy of information (fake news), and the security of personal data. In addition, the article offers recommendations to promote the Right to Know as a right that enables the public to recognize the necessity of state information disclosure. Any restriction on this right must be limited in scope; specifically, the Right to Know may not be restricted unless such restriction is prescribed by law for a specific purpose. Furthermore, the promotion of public participation is emphasized, with the state being urged to recognize that the Right to Know is an inherent human right possessed by individuals from birth.