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KOTA KINABALU: The lack of a law guaranteeing freedom of information is a deterrent to research and the public’s right to know, a university lecturer said here.
Universiti Malaysia Sabah (UMS) senior lecturer Lee Kuok Tiung said the constitutional guarantee of free speech does not guarantee freedom of information as a fundamental right.
The lack of a specific law, therefore, made it difficult for the public to seek access to information that is in the public interest, he said.
“Firstly, not everything is free as you need to pay for certain information such as the electoral roll which I need for my political study and research,” he said in a virtual forum on the right to information.
He added that if data is government information, then it should be available for free to the public.
“Secondly, the government just doesn’t have the information the public needs.
“I am also involved in studies on undocumented migrants but sorry to say there is no specific agency in Sabah which has accurate data or statistics on the actual population of such migrants in the state. We just have to accept that sometimes.”
However, assistant state minister Joniston Bangkuai, said the public could still obtain access to the information they needed but with more of an effort.
“I think we can access all the information but it’s up to us to go the extra mile as there are agencies we can approach. And if there is proof they are trying to withhold information crucial to the public, we have laws.
“Make use of these existing laws to get the information and you can go to court and compel the agencies or departments to reveal it,” he said.
He said he would support a law that guarantees the right to information.
Wathshlah Naidu, executive director of the Centre for Independent Journalism (CIJ), said there were barriers to accessing information such as the Official Secrets Act (OSA) and Sedition Act as well as provisions in the Penal Code.
For a law on freedom of information to come about, other laws must be changed to avoid contradictions.
In December, law minister Takiyuddin Hassan told the Dewan Rakyat that the government was open to suggestions to review certain laws, including the OSA. Certain improvements could be made to balance the interests of both the public and country, he said.
In November 2019, then law minister Liew Vui Keong had said the OSA would be repealed but some of its vital functions would be incorporated into a proposed Freedom of Information Act.
Source: Free Malaysia Today
The Centre for Independent Journalism is a non-profit organisation promoting media independence and freedom of expression in Malaysia.