National 5 (Spotlight Weekly)

Access Denied

New proposed bill on Access to Information could instead restrict the freedom of press

By KESHAB POUDEL

Despite the sweet words used in praising the role of independent media, the new proposed bill on the Access to Information could limit the freedom enjoyed by Nepalese media.

The article 16 of the Constitution of Kingdom of Nepal 1990 guarantees the right to information. According to the article, "every citizen shall have the right to demand and receive information on any matter of public importance. Provided that nothing in this article shall compel any person to provide information on any matter about which secrecy is to be maintained by law."

Prepared by law commission headed by controversial former home minister Niranjan Thapa, the act proposes so many restrictions that it makes it almost impossible to secure information. If the bill proposed by the Commission is issued through ordinance, the country's media-personnel will have to depend on the mercy of the official to publish any piece of information.

At a time when the country does not have the elected House of Representatives, nobody understands what prompted the commission to act so hurriedly to recommend the bill, which has so many draconian clauses. Some clauses even challenge the constitutional rights guaranteed by the article 16.

According to the clause 5 of the proposed bill, one has to register application to get information and one has to specifically mention what type of information he/she desires to disseminate. The clause also mentions that the information officer needs to notify whether he/she can give information immediately or within a week. The clause 6 of the proposed bill gives discretionary power to the information official to decide what kind of information he is compelled to give and what kind of information he is not. An information officer can deny particular peace of information.

Under the clause 7, the bill classifies the information into six different categories and the government officer can flatly decline to give information related to security, national integrity, criminal investigation, interest rates, monetary transactions, custom duties, and taxes.

The access is denied on the information related to third party business, trade and intellectual property and other information protected by laws. The information which are in the preliminary phase of investigation and are premature, the third persons' personal private information will also be restricted.

Presently, the media enjoys the enormous freedom to secure the information and there is no restrictions except specified by certain laws and constitutional clauses.

"There requires intense debate on the bill proposed by draft bill. Federation of Nepalese Journalist have also sent a draft bill on the access to information preceded by four years of intense nationwide debate but the proposed draft bill presented by Law Reform Commission overlooks some of the fundamental principles raised by us," said Taranath Dahal, president of Federation of Nepalese Journalists. "Such bill with such serious implication should not be issued through ordinance."

At a time when the government offices are yet to have organized system of spokespersons, media person will lose all the freedom and privilege enjoyed by them if the proposed draft materializes. "When the existing constitution already has certain provisions and there are certain laws to restrict the flow of information, there is no reason to introduce another law," said a constitutional lawyer.