THE ACCESS to Information Act, under consideration and debate for 10 years, was supposed to be implemented today but, at the last moment, the Government has introduced an amendment which, as we understand it, would limit access to Government documents under the terms of the legislation which has already been passed.
Jamaica Labour Party (JLP) Senator, Bruce Golding, has expressed concern that this might subvert its intent and has asked for more time for analysis, a request which the Government has indicated it is prepared to grant. Senator Golding noted that the proposed amendment "makes fundamental changes to the legislation which was passed last year". We hope that the new amendment is not a case of giving with one hand and taking back with the other. There is an urgent need for a greater level of accountability and transparency in Jamaica which is vital for any modern democracy.
The public's reasonable access to information about how the nation's business is being conducted is vital to the democratic process. What is not easy to determine is where the burden of proof lies. Should all information be deemed to be available to the people, unless the Government can make out a case that its disclosure is not in the public interest or a danger to national security? Or should all Government information be deemed to be of a sensitive nature the disclosure of which not be warranted, unless the public can make out a case to the contrary?
The local media are sometimes criticised for a lack of investigative reporting but in Jamaica there are two roadblocks to this important form of journalism which it is not easy to overcome. One is the absence of sufficiently liberal access to information legislation which would allow reporters to get at the facts. The other obstacle is our restrictive and outdated libel laws which make it virtually impossible to get to the source of corruption in public office without being sued for defamation of character. In America, media comments on public officials, if made in good faith, are not libellous even if later found to be untrue. England is moving towards this approach and we believe it is full time for Jamaican libel laws to be liberalised as a companion measure to the Access to Information Act which we hope will shortly be passed without any obfuscation.
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