Ampaw: Portions of RTI bill, could suppress freedom of expression

Accra, April 30, GNA - A member of the National Media Commission (NMC), on Friday said some elements of the Right to Information (RTI) Bill were negative and could suppress freedom of expression of the citizenry. Mr. Akoto Ampaw said the elements include, nature and intent of some exemptions for disclosure of information, timeline to disclosure, the fees regime and the appeal provisions in the bill.

He was speaking at a public lecture to mark the World Press Freedom Day in Accra, which falls on Monday, 3rd May 2010. Mr. Ampaw accused Cabinet Sub-committee that reviewed the bill of introducing those elements and called on the media to highlight the negativities for full public engagement. "In demanding the legislation to Right to Information and Broadcasting Law in the country, we must be concerned about not just any law at all that could serve as a means by which the elite and the bureaucrats would use to restrict or deny the citizenry the right and access to information," he said.


Mr. Ampaw cited that countries like Ethiopia, Zimbabwe and Angola were operating the Information law but the law were designed to deny the citizenry access to information. He expressed dismay that the content of the RTI Bill was not known to the public.


Mr. Ampaw asked "why is it that the content of it has not been given the widest publicity so that Ghanaians can talk about them and flush out any negative elements. How many Ghanaians know the content of the bill?" He said the bill contained blanket exemption elements that were not clearly defined but could be used by politicians and bureaucrats to wield unbridled power and to carry out nefarious activities to the detriment of the state and citizens.


Mr Ampaw said "I am not saying confidential matters at the offices of the President and Vice President and Cabinet and National Security level should be revealed to the public. But unless you demonstrate or prove that the disclosure of information would be harmful to the citizenry but not the politician, there is no point for non-disclosure". He said the nature of some of provision in the exemption in the bill remained a major step backwards that Ghanaians needed to resist. Speaking on the timeline provision to disclosure in the RTI Bill, Mr Ampaw said it was sad that at this age of technologically fast-paced developed world, where delay in relaying of information could cause harm, the provision guaranteed 146 days where one could have access to information after the request had been tendered in.


He said the fee regime needed to be simplified adding "there is a provision that says that the time and efforts that it takes to locate data can be an element to determine the fee charged."

Mr. Ampaw contended that the inefficiency of record keeping on the part of personnel in the departments and agencies should not determine the fees. Mr. Ampaw criticised the provision in which the Minister of Justice would be responsible for ensuring that the bill was enforced. Concerning the broadcasting bill, he said the issues of who would be eligible to apply and own a broadcasting station, the procedures to procure it, the body responsible to grant frequencies, who is to regulate and monitor and the one to sanction erring broadcasting stations, required a second look.


Mr. Ampaw said that the NMC should be in charge of allocating and regulating the frequencies but not the National Communications Authority that was not independent.


He said the chieftaincy institution that manage lands in the name and on behalf of the people needed to be accountable to the people to regarding management of revenues generated from land.


Mr Berifi Apenteng, a member of the NMC and Chairman for the Coalition for a Broadcasting Law, expressed hope that the lecture would create the platform for the public to engage in meaningful discussion of the RTI Bill and the Broadcasting Bill to promote freedom of expression. The lecture, which was under the theme: "Freedom of Information and Broadcasting Laws: Relevance to Press Freedom", was organised by Ghana Journalists Association and sponsored by Accra Brewery Limited. World Press Freedom Day was instituted by the United Nations General Assembly in 1993.


The day had been set aside to remind governments, intergovernmental and non-governmental as well as civil societies of the crucial role free press plays in strengthening democracy and fostering development in the world. It is also to serve as an occasion to remind both government and the citizenry of the need to respect commitments to press freedom and the theme for this year's celebration is " Freedom of Information: the Right to Know". 30 April 10