- Its role is very central, especially in the current debates about the content of some broadcast discussions on TV, radio and print publications.
- Article 35 and the Access to Information Act 2016 allow access to all media, internet, art, academic writings, and information held.
Image: HANDOUT
A strong professional, responsible, independent, and public interest-focused media; both online and liberty is critical in enhancing citizen involvement in development and demanding accountability from the government.
By the media accessing credible and timely information from public agencies, providing a platform for debate, setting the national agenda, and framing national public interest issues, citizens can consume information that they can use to contribute to social change in their communities.
While valid through outdated reasons existing for governments holding onto in many cases even very basic information, because the right to information laws were sold as anti-corruption legislation, it’s a fact that access to information is an enabler for the realization of other fundamental human rights.
There is serious justification and acknowledgement that access to information has great economic value for countries, for it allows the country to showcase its potential on the world map, which attracts economic dividends.
Access to information now entrenched in the Constitution is vital for the practice of investigative journalism in the country.
Its role is very central, especially in the current debates about the content of some broadcast discussions on TV, radio and print publications.
Article 35 and the Access to Information Act 2016 allow access to all media, internet, art, academic writings, and information held by the government; the right to use or to demand rights to health, to a clean environment, to truth and justice.
Access to information is a great enabler and facilitator for independent and professional media.
Content is the king is a common mantra in media circles, but this rarely happens in situations where people in the public sector still hold information as a private good.
They believe as sirikali and custodians of secrecy, giving the public and by extension media is selling out the country or doing a great favour, which is very wrong and unlawful.
Public interest journalism will greatly benefit as media and insulate itself from harassment including judicial processes through using the provisions in the access to information law.
As the world marks International Access to Information Day on September 28, the bigger realization that access to information is not just an anti-corruption law, but more importantly an enabling framework for the protection and promotion of fundamental human rights.
The media to balance the many interests are forced to irresponsibly report on some issues which might increase defamation issues, media harassment or the possibility of the media reporting in a way that leads to electoral violence.
In addition, as the media increasingly breaks wrong stories or one-sided speculative stories, many people start developing sceptical attitudes towards the media as a tool for conveying objective information during electoral processes.
In this era of the Constitutional requirements of Articles 33, 34 and 35, information sharing, and for this matter credible information is central to managers including those in government.
The government is a signatory to the Open Government Partnership and has many times indicated its commitment to open governance and adhering to the Constitution.
Several players have come up with ways to enhance information availability to journalists, which journalists can tap into and enrich their stories with facts and depth.
With people accessing and using a myriad of ICT platforms, accountability and transparency through tracking information posted on open data portals by public agencies has become easy and cheap.
Journalists can use these open data, without necessarily spending a lot of resources during their investigative work.
Platforms such as websites, the Kenya Open Data Portal, Integrated Financial Management Systems and Social Media accounts for Government departments and public officials have increased the avenues for holding the government to account.
In addition, the project has also been mentoring journalists on the use of various investigative skills and ICT tools and coaching by senior journalists to investigate and produce highly in-depth stories on corruption and tracking of resource use by the government.
Several international and regional bodies have particularly emphasized the role and importance of the media in governance and accountability often realized in liberal societies through open, free, fair and participatory democratic processes.
The European Court of Human Rights has consistently emphasized that “Freedom of the press affords the public one of the best means of discovering and forming an opinion of the ideas and attitudes of their political leaders."
"Allows politicians to reflect and comment on the preoccupations of public opinion; it thus enables everyone to participate in the free political debate which is at the very core of the concept of a democratic society."
The Inter-American Commission on Human Rights has recognized that: Freedom of the press is essential for the full and effective exercise of freedom of expression and an indispensable instrument for the functioning of representative democracy, through which individuals exercise their right to receive, impart and seek information. (Inter-American Declaration of Principles on Freedom of Expression 2000: Preamble)
The European Court of Human Rights has also stated that it is incumbent on the media to impart information and ideas in all areas of public interest:
Whilst the press must not overstep the bounds set [for the protection of the interest outlined in in Article 10(2)] … it is nevertheless incumbent on it to impart information and ideas of public interest. Not only does the press have the task of imparting such information and ideas: the public also has a right to receive them. Were it otherwise, the press would be unable to play its vital role of “public watchdog”.
The African Commission has highlighted the role of the Media in similar terms.
The Declaration of Principles on Freedom of Expression in Africa, stresses “the key role of the media and other means of communication in ensuring full respect for freedom of expression, in promoting the free flow of information and ideas, in assisting people to make informed decisions and in facilitating and strengthening democracy”.
Victor Bwire is the Deputy Chief Executive Officer and Programmes Manager at the Media Council of Kenya.