SEAPA -- Southest Asian Press Alliance

Home I About Us I Contact Us

Problems, Difficulties and Possibilities of the Information Act
By: Kavi Chongkittavorn
July 26, 2000

BANGKOK - -This is the first time that the Thai Information Act is being discussed in a regional forum. This is a giant step for all of us in the region and we hope that learning from the regional experience would be the trend in the future.
But like the movie Rashomon, the Thai experience with access to information can be seen from different perspectives.
Problems
Foremost is that most people don't understand the Information Act. Secondly, government officials, both at high and lower levels, don't understand and don't know how to implement the Act. Finally, government officials do not consider that providing information an integral part of public service.
No doubt, some things have to be remedied. The problem lies in the lack of political will of government officials. It is the duty of the government to inform the public, and the information law exists precisely so citizens can have access to government-held information. The truth is that government officials don't care very much about the Information Act.
There are deeper and more complicated problems at the core of current difficulties with information access. One is a culture of secrecy that has been reigning in all government agencies for many decades. Unless this deep-rooted culture is eradicated, the Information Act, no matter how liberal it is, will not be implemented fully and in ways that will benefit the public.
Everybody knows that information is knowledge and knowledge is power. It is hard for government officials who have been taught to keep things secret to suddenly hand out information they have been trained to keep and have spent their lifetimes keeping. To them, to share information is to share power. But in a democracy, sharing power is the key.
In addition, in the absence of strong punitive provisions, officials are reluctant to comply with disclosure requests. For the time being, if you refuse to hand out information, you will not go to jail, even though the law says that you will be punished. According to Article 40 of the law, any person who fails to comply with disclosure could face a three-month jail term or a 5,000 baht ($120) fine, or both. Punishment for the officials who provide information by mistake can be more severe—a one-year jail term and 20,000 baht fine. So, if I am the person who deals with information in my office, I'd rather do nothing or I just pass the buck to the Office of the Official Information Commission for further deliberations. So far, there was no one who has been imprisoned or fined related to the Information Act.
Difficulties
According to the law, every government office has to provide space for the public to vet the index of information. This has not yet been done. Until today, only 64 per cent or 173 government agencies had allocated a space for the public to vet the index and information related to their organization. The law also requires that government agencies must publish basic information about the structure and other details of their organizations in the Royal Gazette. So far, only 50 per cent of government agencies have complied. But then, the law was promulgated only two years ago.
From my experience, the Foreign Ministry and the Ex-lm Bank have both done a good job in providing information to the public. In certain cases, a simple telephone call will do the job in both places. As a rule, you have to file an application form for the information you need and state the topic and area you are interested in.
Political Interference
The biggest problem in the implementation of the Information Act is political interference. As you know, when requests lead to exposure of corruption and wrongdoing in the government, even if it is previous governments, power-wielders are always reluctant to release damaging information. Last year, there was a scandal about medical procurements within the Public Health Ministry, which I believed caused the first director of the Official Information Commission his job because he was too friendly with the press. In a democracy, the government must be able to release even information that reveals its mistakes or misjudgments. That is the test of good governance.
Because of the information law, every official knows that his or her decision can now be traced. When an official makes a decision, he or she has to be accountable. More open government means better government. The Information Act has served as a deterrent to prevent government officials from abusing their powers.
Possibilities
Instead of complaining about the problems, I would like to look at the possibilities of the information law. It is a tool of empowerment for disadvantaged groups. For instance, Mae Sa-ieng, a 46-year old grassroots leader in Roi Et, one of the poorest provinces in Thailand, has used the law to empower herself and her community. She has done the impossible by demanding from the district head details of road contracts in her hometown. It was like an earthquake. For this was the first time that a rural leader had ventured that far. Now, she knows that she can get details of contracts, the names of persons who are responsible for the construction project in front of her house, and the specifications of the road construction.
In the past, villagers were so afraid of getting information from government agencies. They did not know that they could just get information whenever they wanted. Mae Sa-ieng is now spreading the news to grassroots leaders throughout her province and is hoping to conduct seminars on the information law for various citizen groups. I have to tell you the truth today. I was the one who taught her how to use the Act. I also gave her a copy of the law.
The authorities still have a lot of work to do in order to remedy the public's lack of knowledge about and understanding of the law. Government agencies must adapt themselves to the new environment and inform the public that they can actually obtain information for their own use. For instance, in the rural areas, it is useful to find out the price of certain agricultural commodities so that the farmers can plan ahead.
Although the government has come up with recommendations to improve implementation of the Act, these are easier said than done. For instance, the government wants to promote the contents of the Act. There have been some seminars but they did not do much good. Nonetheless, every effort must be exerted to educate officials on the information law.
The heart of the Act is to increase the public participation in politics and governance. Indeed, with more knowledge about government policy and the workings of officials, the public can play a more active and participatory role.
Tool for Journalists
Finally, journalists should take more advantage of the Information Act. I was a bit disappointed that a very small number of the appeals for information disclosure came from journalists. It seems to me journalists do not want to use the law all that much. It could be that journalists themselves do not understand the law, which I believe to be the case. There are also other problems. Some journalists were apprehensive when the law was first introduced because they thought with the Act, they could no longer use their personal connection, or as we say "go through the backdoor."
These journalists prefer to use their own connections to obtain sensitive information. Journalists must use the Act more often in order to obtain information and to make government officials more aware that their job is to give out information at the public's request.
Journalists have to work harder if they want to use the Act. They have to do their homework. They must review the information index and request for the right information. They need to do research in advance. For journalists, these can be troublesome steps. We all want quick information instantly, especially those kinds of information that can make headlines the next day. Journalists also need training. First, to know about the law and its procedures. Secondly, how to go about accessing information. Journalists do not want to wait. One needs patience to use the law. A better understanding of how bureaucracy works can help.
Finally, the Information Act is not only for journalists, it is for the public at large.

Kavi Chongkittavorn is the Chairman of Southeast Asian Press Alliance, President of the Thai Journalists Association and Managing Editor of The Nation newspaper based in Bangkok.

Back