Information and communication policies

By Florangel Rosario Braid - Manila Bulletin

AFTER numerous consultations with various groups, ATIN’s (Accountability and Transparency Information Network) version of the Freedom of Information bill is finally ready for filing in the 14th Congress. Senator Mar Roxas and Rep. Erin Tanada of the Liberal Party are two of its "champions" and are pushing the passage of the bill which is on the priority LP agenda.


Freedom of information laws, giving practical effect to the right to access information, have existed for more than 200 years according to Toby Mendel who observes that there is now a wave of freedom of information legislation sweeping the globe. Several laws have been passed over the last ten years. This growing popularity is due to its being associated as an integral part of the human rights movement.

In 2006, about 68 countries had laws giving citizens right to access government information. Jurisprudence has laid down key principles in applying right to information, namely: (1) guarantee is self-executory and does not require enabling legislation for it to become enforceable; (2) right to information is a public right; (3) government agencies are without discretion in refusing access to information of public concern; (4) not being discretionary, the performance of the duty to afford access to information of public concern may be compelled by a writ of mandamus.

Despite the Constitutional guarantee and affirmation of the right, denial of access remains widespread. This is due to factors such as the absence of a uniform, simple, and speedy access procedure. Access remains discretionary in practice even if in theory, there is no discretion in giving access to information. To date, there is still untested, if not insufficient basis for sanctions in cases of violation of this right. Finally, the remedy to compel disclosure remains inaccessible to the general public. This is due to reasons such as the poor state of government record-keeping, the low level of bureaucratic commitment to openness, and the excessive cost of access to certain information.

An ongoing concern is that of promoting openness in all government agencies. The government has the duty to publish information enumerated in the bill. The latter should be regularly updated in the website of public bodies. The E-Commerce Law, for example, requires all government agencies to maintain a website. Every public body is mandated to establish and enhance its Management Information System in order to strengthen its capability to store, manage and retrieve records as well as facilitate access to public records.

While this debate on free flow of information is going on, there are developments in the telecommunication sector that are quite worrisome. The agreement with China on a broadband project under the aegis of the Department of Transportation and Communication and the Department of Education’s cyber-education projects are already hounded by controversy even before they have started. The documents on the first project were lost and have been reconstituted. Some think it was a memorandum of agreement; others say it was a contract. At any rate, two UP professors thought that the two projects should not be pursued as their feasibility is questionable. On the first project, I think that we should shelve it until a more plausible rationalization process is undertaken. After all, there are more urgent national priorities. Then there is the argument that the initiatives started by the private sector should be encouraged and strengthened. Should the project be pursued, planning and implementation should be transparent — with adequate consultation with as many stakeholders.

On the cyber-education project, a number of studies have shown the feasibility of utilizing satellite-based systems for distance education – teacher training, and reaching marginalized communities which lack classroom teachers and educational resources. We have enough expertise that can supervise its implementation. What will be needed is a systematic design that would ensure maximum deployment of our own local talent including local content so that we don’t become overdependent on external resources.

The rapid turnover of key officials in the two ICT government agencies – the Commission of Information and Communication Technology and the National Telecommunications Commission has also raised eyebrows. Perhaps it is about time we revisit the structure and functions of our communications policy and implementing agencies of government. Unless this is done, I am afraid there would be a continuing overlap of functions and a perpetuation of obsolete policies. More on this next time. My e-mail is florbraid@yahoo.