The right to information is guaranteed by the Bill of Rights enshrined in the 1987 Philippine Constitution (Article III, Section 7). But what has been done to uphold the people’s right to information access, so that a reality-based policy framework can be developed?
AIJC recently conducted a study on information access and transparency for UNESCO to inventory and analyze measures formulated and implemented by government organizations and agencies in the last four years. These measures include Philippine laws, bills, codes, directives, rules, and regulations on public access to information.
The study aimed to determine the number and scope of existing laws, regulations, and policies on information access and to generate inputs to current efforts toward a national information policy framework. Specifically, the study sought to answer the following questions:
1) What measures exist on information access? What are they about?
2) Do the number and scope of these measures indicate a commitment to information access?
3) What features of these measures potentially facilitate and promote access to information?
4) What gaps exist that need to be filled to improve public access to information in the custody of government?
The study showed a number of gaps in current efforts toward promoting access to information through legislation. One is in the distribution of bills among the six categories that have emerged. Protection against new information-related crimes is very relevant to the people in this digital era. Bills should be passed to prepare citizens and organizations by increasing their understanding of such crimes and deter potential criminals in this area. The right to reply is potentially controversial because of its repercussions on media freedom. There should be more legislative ideas on how to implement freedom of speech in the spirit of fairness to all concerned.
Another gap identified is in the content of the bills themselves. A few of the bills provided for information dissemination about the implementation of the measure, but majority did not. Even taking into consideration the explanation of a key informant that information dissemination will be part of the Implementing Rules and Regulations (IRR) for a certain law, the bill should still provide for information dissemination. This provision is needed because the bill is on the implementation of access to information; it will be a major irony if people fail to assert their right to information because implementers forgot to inform them about its existence. (Madeline B. Quiamco) |