An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
Right to Information and Role of Media
Article 19 of the Universal Declaration of Human Rights adopted by the United Nations states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
The short section on media in the Plan of Action (C.9) states that “The media ..... have an essential role in the development of the Information Society and are recognised as an important contributor to freedom of expression and plurality of information.”
In fact, mass media is the most important vehicle for information, knowledge and communication in a democratic polity:
a) They are pervasive and play a significant role in shaping societies; they provide the public sphere of information and debate that enables social and cultural discourse, participation and accountability.
b) They are the most accessible, cost-effective and widespread source of information and platform for expression.
Information is power. The media can play a crucial role in building an inclusive Information Society based on knowledge power and its distribution. For media to fulfill its potential, actions are required in three key areas:
1. To protect and extend media freedom and independence, and rights of access to information;
Article 19 of the Universal Declaration of Human Rights adopted by the United Nations states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
The short section on media in the Plan of Action (C.9) states that “The media ..... have an essential role in the development of the Information Society and are recognised as an important contributor to freedom of expression and plurality of information.”
In fact, mass media is the most important vehicle for information, knowledge and communication in a democratic polity:
a) They are pervasive and play a significant role in shaping societies; they provide the public sphere of information and debate that enables social and cultural discourse, participation and accountability.
b) They are the most accessible, cost-effective and widespread source of information and platform for expression.
Information is power. The media can play a crucial role in building an inclusive Information Society based on knowledge power and its distribution. For media to fulfill its potential, actions are required in three key areas:
1. To protect and extend media freedom and independence, and rights of access to information;
3
RTI Cell,
ATI, Kohima.
2. To actively develop the potential of media to provide information, a forum for debate on topics of public interest, cultural expression and opportunity to communicate, especially to the poor and marginalised;
3. To strengthen the capacity of media to promote and help build an Information Society – raising awareness, channelling civil society concerns, debating policies and holding government, private sector and civil society accountable.
Traditional systems of information access in India have made journalists dependent on sources they must cultivate. Whether bureaucrats or politicians, much depends on the privilege and patronage of the individual source. Such relationships of patronage not only make journalists depend on very feudal relationships, it often makes them use the information regardless of its veracity.
An RTI regime can enable credible, evidence-based and factual reporting on key issues of public interest. It can enable the media to expose mal-administration, corruption and inefficiency and to propagate stories and instances relating to accountability, transparency, effective administration and good governance. By using the RTI Act, the media can play an important role in highlighting issues related to public service delivery and the efficacy and accountability of public officials.
Under the RTI Act, the journalists & reporters, like citizens, can:
• Demand from the Government information pertaining to any of its departments
• Demand photocopies of Government contracts, payment, estimates, measurements of engineering works etc.
• Demand from the Government certified samples of material used in the construction of roads, drains, buildings etc.
• Demand to inspect any public development work that may be still under construction or completed
• Demand to inspect Government documents - construction drawings, records books, registers, quality control reports etc.
• Demand status of requests or complaints, details of time delays, action taken on Information Commission’s decisions etc.
The media can play a constructive role in the governance process by:-
• Catalyzing Effective Implementation of the Act: As the ‘fourth pillar of democracy’, the media not only has an important stake in what the RTI Act purports to provide and achieve, but also in catalyzing and entrenching the implementation and enforcement of this significant piece of legislation.
• Providing Information to the Citizens and Building Awareness on the Act: Despite the provisions that have been made to access information, citizens resort to media like newspapers, radio, television etc. for day to day information about public authorities and their activities. The media provides a link between the citizens and their government. The media’s right to information or right to tell is not a special privilege but rather, an aspect of the public’s right to know. The media should fulfill this obligation.
2. To actively develop the potential of media to provide information, a forum for debate on topics of public interest, cultural expression and opportunity to communicate, especially to the poor and marginalised;
3. To strengthen the capacity of media to promote and help build an Information Society – raising awareness, channelling civil society concerns, debating policies and holding government, private sector and civil society accountable.
Traditional systems of information access in India have made journalists dependent on sources they must cultivate. Whether bureaucrats or politicians, much depends on the privilege and patronage of the individual source. Such relationships of patronage not only make journalists depend on very feudal relationships, it often makes them use the information regardless of its veracity.
An RTI regime can enable credible, evidence-based and factual reporting on key issues of public interest. It can enable the media to expose mal-administration, corruption and inefficiency and to propagate stories and instances relating to accountability, transparency, effective administration and good governance. By using the RTI Act, the media can play an important role in highlighting issues related to public service delivery and the efficacy and accountability of public officials.
Under the RTI Act, the journalists & reporters, like citizens, can:
• Demand from the Government information pertaining to any of its departments
• Demand photocopies of Government contracts, payment, estimates, measurements of engineering works etc.
• Demand from the Government certified samples of material used in the construction of roads, drains, buildings etc.
• Demand to inspect any public development work that may be still under construction or completed
• Demand to inspect Government documents - construction drawings, records books, registers, quality control reports etc.
• Demand status of requests or complaints, details of time delays, action taken on Information Commission’s decisions etc.
The media can play a constructive role in the governance process by:-
• Catalyzing Effective Implementation of the Act: As the ‘fourth pillar of democracy’, the media not only has an important stake in what the RTI Act purports to provide and achieve, but also in catalyzing and entrenching the implementation and enforcement of this significant piece of legislation.
• Providing Information to the Citizens and Building Awareness on the Act: Despite the provisions that have been made to access information, citizens resort to media like newspapers, radio, television etc. for day to day information about public authorities and their activities. The media provides a link between the citizens and their government. The media’s right to information or right to tell is not a special privilege but rather, an aspect of the public’s right to know. The media should fulfill this obligation.
4
RTI Cell,
ATI, Kohima.
• Giving Voice to the Citizens: As part of the civil society, the media has an obligation to articulate the needs and aspirations of the people. Using the Act, the media can highlight key issues faced by the citizens, particularly those faced by the poor and voiceless.
• Acting as a Watchdog on behalf of the Citizens: The best service that the media can provide to the public, whether in a mature or emerging democracy, is that of a community watchdog. Journalists should see and perform their role keeping in mind public interest. Using RTI, the media can expose corruption and inefficiency. However, in performing a watchdog role and digging out the truth, journalists should be careful in interpreting facts and evidence.
It is important that the media plays the role of an honest broker of information for its readers without deliberate bias or favouritism. The media must consider its independence to be its most valuable commercial, editorial and moral asset. Maintaining its independence through professional behaviour and a code of conduct that is subscribed to by all journalists, the media can be a powerful user of the RTI Act and an agent for the empowerment of people through an Information Society. The objective of the Act to usher in a practical regime of right to information cannot be attained without a proactive role played by the media.
Suggested Areas for Action by the Media
The following section provides cues for the media to use the RTI Act in discharging the following roles:
• In monitoring implementation of the Act
• In reporting on the effectiveness & efficiency of public service delivery
• In highlighting corruption and fraud related issues
• In highlighting citizen grievances
• In highlighting significant cases or efforts made by organisations/individuals on RTI.
However, it needs to be noted that the suggested areas are selective and are provided only to guide the media to effectively use the RTI Act provisions.
• Giving Voice to the Citizens: As part of the civil society, the media has an obligation to articulate the needs and aspirations of the people. Using the Act, the media can highlight key issues faced by the citizens, particularly those faced by the poor and voiceless.
• Acting as a Watchdog on behalf of the Citizens: The best service that the media can provide to the public, whether in a mature or emerging democracy, is that of a community watchdog. Journalists should see and perform their role keeping in mind public interest. Using RTI, the media can expose corruption and inefficiency. However, in performing a watchdog role and digging out the truth, journalists should be careful in interpreting facts and evidence.
It is important that the media plays the role of an honest broker of information for its readers without deliberate bias or favouritism. The media must consider its independence to be its most valuable commercial, editorial and moral asset. Maintaining its independence through professional behaviour and a code of conduct that is subscribed to by all journalists, the media can be a powerful user of the RTI Act and an agent for the empowerment of people through an Information Society. The objective of the Act to usher in a practical regime of right to information cannot be attained without a proactive role played by the media.
Suggested Areas for Action by the Media
The following section provides cues for the media to use the RTI Act in discharging the following roles:
• In monitoring implementation of the Act
• In reporting on the effectiveness & efficiency of public service delivery
• In highlighting corruption and fraud related issues
• In highlighting citizen grievances
• In highlighting significant cases or efforts made by organisations/individuals on RTI.
However, it needs to be noted that the suggested areas are selective and are provided only to guide the media to effectively use the RTI Act provisions.