Freedom of Information Act: editors’ tool for good governance by Umaru A. Pate Federal University, Kashere, Gombe State
March 1, 2022
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Posted by: Imoh Robert
Introduction
There is a positive and direct relationship between freedom of expression and good governance in Nigeria; the more open the system, the higher the quality of governance
Freedom of expression and media freedom are crucial rights for protecting and daily realising of other human rights which are crucial for good governance
Freedom of expression can only be meaningful if media channels and their professionals are independent and professionally capable of freely and safely gathering, processing and disseminating public information
Media responsibilities
The 1999 Constitution clearly mandates the media to keep the government accountable to the electorates manifested through constitutional, structural and psychological responsibilities
Thus, the media is to provide contents and services that inform, enlighten, educate and edify the people on the basis of equity, fairness and respect for local values and interests
The media works in the collective interest of the people and the nation as enshrined in the Constitution through diverse programming/content that address the needs of the people with special regards to their heterogeneity, culture, politics, economics, etc
Context
Nigeria has a comprehensive legal framework that seek to promote the performance of the duties of the journalists; though there are breaches
One of such legal instruments is the Freedom of Information Act to facilitate access to information for public good as part of sustaining good governance
The judiciary and other societal structures support and protect journalists and the media to be able to legally, professionally and fearlessly access, process and disseminate information
At all times, journalists require credible information to work with
The FoI Act
FOI Act makes public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences for disclosing certain kinds of official information without authorisation and established procedures for the achievement of those purposes
Section 1: Right of access to records
-the right of any person to access or request information…which is in the custody of any public official, agency…is established
-no need to demonstrate specific interest in the information being applied for
-right to institute proceedings in the Court to compel compliance
Good governance
UNESCO says good governance includes notions of greater participation by civil society in decision making, instituting the rule of law, anti-corruption, transparency, accountability, poverty reduction and human rights
Good governance links government to the notion of responsibility for and to the citizenry as opposed to the traditional idea of authority over a nation–legitimacy emanating from popular assent to and participation in government, which is concerned with the welfare of its citizens
8 characteristics of good governance are: Rule of Law, Transparency, Responsiveness, and Consensus Building, Equity and Inclusiveness, Effectiveness and Efficiency, Accountability, and Participation
Editors and the FoI
As the gatekeepers and managers in the newsrooms, editors are key figures in determining quantity and quality of information that facilitate good governance
Editors and their teams can set societal agenda through the quality, quantity, intensity and focus of their reporting over time
Editors need the FOI Act as a facilitative and protective legal instrument to access and disseminate information that may be difficult to reach
Effective coverage through investigative journalism can check corruption tendencies and expose abuses in the system
Difficult individuals and institutions can be legally compelled to provide details of their dealings for media scrutiny to promote openness and good governance
Hitches
Despite the numerous advantages offered by the Act, implementation has remained very low
Not much is known about FoIA cases filed by media organizations on denial or refusal to honour requests by public officials
No much evidence of use in terms of investigative reports
Journalists still rely on their traditional news sources to access information
Many journalists are still intimidated by public officers hiding under oppressive laws like the Official Secrets Act which should have been discarded with effective implementation of the FOIA
The argument on domestication of the Act by states
Lack of judicial precedence on the issue of domestication
Low motivation by some media organizations on the use of the Act
Low knowledge of the Act among journalists
Implications
The contribution of journalism in the fight against corruption and sustenance of good governance is subverted as there could be no accountability without access to information
Government officials may be temped to continue to deny journalists access to information and perpetuate bad governance, thus undermining general accountability and transparency in governance
Investigative reporting is hampered
Conclusion
The FoI Act is a crucial mechanism for editors and media houses for promoting, protecting and sustaining good governance and democracy in the country
Media organizations and editors should increase their effective use of the Act to check behaviours of bad governance by demanding for information from MDAs and publicising breaches
Effective and consistent use of the Act by journalists is one way to get government offices to establish FOIA desks and respond positively to FOIA requests
The media community can do more in advocacy, enlightenment and mobilisation among members and key stakeholders