THE Centre for Independent Journalism (CIJ) lauds the government’s announcement to enact the Freedom of Information (FOI) Act and amend the Official Secrets Act (OSA) 1972 accordingly.
It is commendable that the Special Cabinet Committee on National Governance, chaired by Prime Minister Datuk Seri Anwar Ibrahim, noted that this is a positive step towards enabling the public the right to access government-held public information, thereby enhancing public services and encouraging public involvement in national policies.
Establishing a progressive right to information will encourage a culture of transparency and play a significant role in bolstering public confidence in the governance process. As emphasised by the Prime Minister’s Office, the creation of clear parameters and guidelines is vital to ensure effective public access to information.
Malaysia can soon join the ranks of Asean countries, such as Indonesia, Thailand, Vietnam and the Philippines, as well as 129 nations worldwide, in having legislation related to the Right to Information (RTI) or Freedom of Information.
It would be useful to draw from good practices and learn from the experiences of other countries in the drafting of the RTI Bill as well as in developing effective mechanisms and structures of implementation towards building an enabling environment for the public to access information in Malaysia.
An RTI/FOI legislation has two primary functions:
1. Sets a clear framework on how government-held information is managed and proactively disclosed to the public and setting the grounds for restriction of certain disclosures; and
2. Establishes a mechanism and service standards for the public to request access to government-held information. This creates an obligation for government agencies to receive and respond to requests promptly, mandates the allocation of organisational human resources and creates an appeals process where a formal, fair and independent process can be initiated to review the denial of information requests.
Fundamentally, the RTI law is in line with international human rights principles and standards and should be guided by the following:
1. Access to information is a right
a) Access is the rule and secrecy the exception;
b) In principle, the OSA should be repealed. Notwithstanding, any amendments to the OSA must ensure that it is aligned with the new RTI legislation.
2. Any limitations or restrictions of access to information on specific grounds must be listed in the Act and apply the international standards of legitimate aim, necessity and proportionality. Public interest shall prevail based on a harm test.
3. Facilitate proactive disclosures and guarantee meaningful and easy access, including for persons with disabilities and across all digital and geographical divides.
4. Establish an RTI Commission, which shall act as the independent oversight body mandated to review refusals/denial of disclosures, establish progressive practices and advance RTI in Malaysia.
5. Ensure adequate budget allocations to support the implementation of the Act.
In line with this, CIJ would like to urge the government to set up a Steering Committee, comprising civil society and other experts, to facilitate the drafting of the RTI Bill and the amendments to the OSA.
We hope the government, through the Legal Affairs Division under the Prime Minister’s Department, continues its engagement with multi-stakeholders in guaranteeing progressive and substantive new legislation.
Wathshlah G. Naidu
CIJ Executive Director
