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Challenges to freedom of information and RTI Act

Muhammad Zamir | July 01, 2024 12:00:00


Freedom of information is an extension of freedom of speech, a fundamental human right recognised in international law, which is understood more generally as freedom of expression in any medium-- be it orally, in writing, print, through the internet or through art forms.

This means that the protection of freedom of speech is a right that includes not only the content but also the means of expression. Freedom of information may also refer to freedom of expression, the right to privacy in the context of the internet and information technology.

As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right. As defined by the 2009 Act, it is the right to obtain information from any authority. It also unequivocally empowers every citizen the right to obtain information from any authority and such authority shall be obliged to provide the requisite information.

In short, freedom of information refers to a citizen's right to access information that is held by the State. In many countries, this freedom is supported as a constitutional right. If people cannot express openly their ideas, views and needs, they are often unable to contribute to the society.

The Awami League government adopted the Right to Information Act in the first session of the 9th Parliament on March 29, 2009, marking a significant step in fulfilling the constitutional pledge of the state of Bangladesh. This measure was consistent with the worldwide view of being able to obtain necessary information as an indicator of the growing recognition of the importance of the citizens' access to information.

However, implementation of RTI, has been more difficult than adoption of the Act because of it being a multi-stakeholder challenge; requiring a comprehensive approach; and yielding result only when there is a full-fledged and committed ownership of all stakeholders, especially internalisation of the benefits of the concept of the right to information by the demand side as well as the supply side -- those who need the information and those who hold them.

Our Prime Minister since 2009 has always helped in the advancement of this objective by reiterating her commitment to RTI at regular intervals. This has encouraged public officials to obey the law without any qualm. The PM's vocal support of the law has also helped reassure citizens' minds that by asking for sensitive information, they will not face the wrath of concerned officials. RTI can be a formidable tool to advance citizen-government relationship, contribute to better governance and fight against corruption.

One needs to note here that journalists oftentimes make the difference between people knowing what is at stake in their community and people being in total disconnect from current events or getting misinformation when it comes to the facts. Journalists in this context need to stay focused on serving the public with honesty and detailed facts that truly inform them. Real objectivity in the media means being an autonomous force that has a commitment to nobody except the general public. In order for journalism to be a democratic institution, journalists need to be vigilant and understand that ultimately their job is to inform the public about what's going on in the society.

Freedom of information is a constitutionally recognised right. In the larger sense, freedom of information is the right of the people to information. Citizens' right to receive information from the media or public-private organisations is called freedom of information. In the narrow sense, freedom of information is the collection and dissemination of information through print and electronic media correspondents.

Article 39 of the Constitution of the People's Republic of Bangladesh gives citizens freedom to express their thoughts, consciences and opinions. However, the freedom to publish and distribute information is not free and unconditional. In the light of certain conditions, the press has been given freedom to publish and distribute information. The conditions include: security of the state, friendly relations with the foreign state, peace, morality, contempt of court, defamation and not inciting any crime.

Free flow of information is essential for empowering people, increasing transparency and accountability of government and non-government organisations, reducing corruption and establishing good governance. The basic purpose of the Right to Information Act, consisting of six chapters and six sections, is to exercise the right to information on behalf of the people. It also helps to bring about transparency in the work of public, autonomous, statutory bodies and non-governmental organisations created or managed by government / foreign financing. This measure by connotation is supposed to assist in establishing and increasing accountability and reduce corruption. All these factors help to establish good governance.

Lack of awareness has, however, been the main challenge in implementing the Right to Information Act-2009. Implementing the Right to Information Act has been a difficult task in the socio-economic context of Bangladesh. The government has shown goodwill in tackling challenges in the implementing of the Act, but unfortunately has not always seen all of the stakeholders coming forward.

Non-Government organisations of Research Initiatives, Bangladesh (RIB) and The Hunger Project-Bangladesh published an important study titled "Increasing public participation in information rights practice" on August 25, 2019. This study underlined that in the ten years since the implementation of the Right to Information Act, not much progress had been made. In the ten years, eight thousand complaints had been submitted to the Information Commission. However, about 75 per cent of the responsible government officials did not provide timely information to the people. As a result, applicants in many areas lost their interest to use the Right to Information Act.

There have also been many more challenges. This dimension includes several factors: (a) Government officials harassing persons when they ask for information raising unnecessary fear among the applicants, (b) Women activists have been subjected to abusive behaviour by government authorities. Some government officials and representatives sometimes inquire about information that is not directly involved with a particular situation. That unnecessarily becomes a cause of embarrassment, particularly for women, and (c) Lack of information appeal is causing disunity among the people.

We have noticed in recent times how such aspects have surfaced during the electoral process.

The importance of freedom of information and responsibility for information is discussed in various discussions. However, the information chain is one of the toughest realities in Bangladesh today. Information has been turned into a product. Fragmented and half-truths are sometimes being served.

We need to remember that the codes of journalistic standards and ethics are international in nature. There is consensus that this is a regulatory regime where established set of behaviours have to be followed by journalists when confronted with a challenge in their profession. This is commonly referred to as the "code of ethics" for journalists.

These standards and ethics are established by professional journalist organisations. However, in some cases individual media houses complement the existing journalistic standards and ethics with more comprehensive guidelines. This results in special consideration for truthfulness, accuracy, objectivity, fairness and public accountability as core set of ideals.

We have to remember that most stories have at least two sides. Reports should be balanced and add context. The journalists are responsible for making an honest report of the incident that has occurred. In order to do that, journalists should be as objective as they can in order to give the public an accurate picture of the reality. Objectivity in the media should mean being able to criticise and highlight important facts and information which affect its audiences.

Digital mass media objectivity then does not become either a mouthpiece for the rich and powerful interest groups or a means for just promoting their personal politics. Journalists should remain objective and remember to never be hesitant to criticise and report on those things that are clearly affecting the lives of people in their communities. It's very important for journalists to understand the power of objectivity.

Journalists often make the difference between people knowing what is at stake in their community and people being in total disconnect from current events or getting misinformation when it comes to the facts. If the journalism industry is going to prosper, objectivity has to be stressed.

Journalists should stay focused on serving the public with honesty and detailed facts that truly inform them. Real objectivity in the media means being an autonomous force that has a commitment to nobody except the general public. In order for journalism to be a democratic institution, journalists need to be vigilant and understand that ultimately their job is to inform the public about what is going on in the different tiers of society.

Just like objectivity, accountability plays a vital role as a core principle of journalism and is very important for reporting in this age of digital mass media. Accountability is very important because without it, people would do anything that they want to, without thinking of the future repercussions. Without accountability there would be total chaos and anarchy in the society. Accountability helps to regulate people's actions.

Accountability is very important. Journalists are accountable to their readers, listeners and viewers. They should clarify and explain news coverage and invite discourse with the public over journalistic conduct. Journalists should encourage the public to voice grievances against the news media and use their strength to help in the admission of mistakes and subsequent correction.

This will definitely assist those involved with the media to gain recognition as one who acts with honesty, bravery and fairness in sourcing, reporting and interpreting information. Journalists must remember that premeditated distortion is forbidden.

Muhammad Zamir, a former Ambassador,

is an analyst specialised in foreign affairs,

right to information and good governance.

[email protected]


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