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Putik Lada: Whose info is it, anyway?
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Putik Lada: Whose info is it, anyway? | Putik Lada: Whose info is it, anyway? |
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| Friday, 11 December 2009 07:51am | |
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by H R DIPENDRA It is time the public is given a little more credit in dealing with and managing the information it receives, and doing so is also in line with the Government’s ‘People First, Performance Now’ slogan.
THE recent controversy surrounding the declassification of the Bukit Antarabangsa landslide report has given us much to think about. Thankfully, the sensible intervention of the Cabinet put an end to the threats of prosecution levelled against the Selangor Mentri Besar for allegedly “leaking” the report online. The disagreement over the declassification stems from the fact that almost all major government-sanctioned reports are classified as secret and, by extension, inaccessible by the public. Never mind that the declassification of such information is critical decision-making; there is no law in force in Malaysia that imposes a duty on the Government to convey such information.
However, various legislations, including that of the Official Secrets Act, enable the Government to take refuge in them and refuse the disclosure of critical information. Access to information, or the right to know, is an important feature insofar as the growth of a democratic society is concerned. Much has been said about giving the average Malaysian an opportunity to make better decisions in his everyday matters, but little has been done to facilitate this. Part of the problem lies with the continued reluctance and resistance in implementing access to information laws ostensibly because of the negative connotation associated with allowing access to information to the public who, it is felt, may not be able to digest and deal with such information. As the benefits of having a properly structured access to information regime certainly outweigh the risks, it is also timely that the public is given a little more credit in dealing with and managing the information it receives. The focus should be on how the public’s ability to access information will enable better decision-making at the micro level. This is consistent with the aspirations of Pemudah, the Government’s special task force to facilitate business and whose vision includes having a competitive economy and society, driven by among other things, facilitation and pro-active collaboration. No matter how it is viewed, decisions by the Government in general will impact the ordinary and daily lives of all. Thus, it is critical that such decisions are always made with the best interests of Malaysians in mind. This is where access to information comes in, and where comments on the information available may reveal flaws and inefficiencies that the Government may have overlooked. The end result is that we have a win-win scenario for the Government and the public. That is, if the overriding objective is to ensure that the public wins as well. The fact that vast amounts of information are available on the Internet should really act as a catalyst for any government to push for an agenda of allowing an access to information regime to flourish. The continued need to manage and allow for correct information to be disseminated will go a long way to correcting any doubt and misinformation, and at the same time remove negative perception insofar as government decisions are concerned. Perceptions will be better managed as public confidence will skyrocket knowing full well that the Government has the public’s best interests at heart. A healthy information regime will yield positive results. For instance, we will be able to find out how good the quality of drinking water from our taps are, the actual steps taken to halt the spread of dengue, how crime is actually combated, how our MPs and state assemblymen spend their yearly allocations, or whether the local council made the right decisions concerning its constituents’ welfare. Of course, certain information must remain classified. For example, national security matters and covert operations to apprehend criminals must remain classified until such time when they are available in the public domain. The point to note is that when seeking information, it must be for a legitimate aim. Seeking information must not cause substantial harm, or where such information is available in the public domain, its access should not be denied. Of course, obtaining such information must not be an expensive affair and safeguards must be put in place to ensure that only a minimum cost is levied to obtain information relevant for decision-making. It is somewhat fortuitous that the Government has for its tagline “People First, Performance Now”. By pursuing an agenda of access to information and enacting an Information Act, and at the same time making the necessary amendments to the Official Secrets Act, the Government will clearly resonate with the slogan above. At the end of it all, it must be remembered that it is the people who come first. If the people demand that they be allowed to make an informed decision on matters affecting their daily lives, it must therefore follow that they be allowed to access all the information available so as to achieve that objective. It will also enable us to live in a more secure and healthy society and at the same time increase our efficiency. The writer is a deputy chair of the National Young Lawyers Committee of the Malaysian Bar Council. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, visit www.malaysianbar.org.my/nylc. Set as favourite Share Email This Comments (0)
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