Barely hours after Malaysia’s first ever freedom of information (FOI) law was enacted by Selangor, the Centre for Independent Journalism has criticised the law over five "glaring problems".

While lauding Selangor’s efforts as "historic and remarkable", CIJ said the new Freedom of Information Enactment flaws begins from the preamble, which among others talks about the right to "reasonable access" to information by the public.

In an early draft, the preamble stated that the legislation was an "opportunity" for the public to access information.

"An FOI law should entrench the right to information, whereas the preamble to this enactment qualifies it as reasonable access to information," said the group in a statement yesterday.

This, it added, is unnecessary as the enactment already stipulates the types of information which is exempted from the law.

CIJ also finds fault with absence of "pro-active disclosure" whereby a periodic publication of information is mandated.

Instead, the enactment currently only involves information that is applied for.

"(A periodic publication) would help reduce the administrative burden on the information officers, and increase transparency across all public bodies," it said.

Who sits on the state information board?

Also absent were details of appointment of the state information board, where appeals for rejected application and recommendations for improvement can be directed.

NONE Earlier, Selangor exco for tourism, consumer affairs and environment Elizabeth Wong said the board, which replaces the appeals board of the earlier draft, will consist of those with legal backgrounds who are not affiliate to any political parties.

However, CIJ said, there is a need for the process to be transparent and to allow the public to nominate candidates, of which the shortlist will be published.

Another missing detail was the fee which will be charged for every application. While the exact amount has yet to be decided upon, the media watchdog said that a "good FOI law must stipulate that fees be kept low".

"Otherwise, it can be an administrative obstacle which denies the public affordable access to their right to information," it said.

It also retains its previous stand on penalties against applicants for using the information in a different way from reasons stated in the application.

This is stated in section 18 (1) of the law, whereby applicants who apply for information with ill-intentions will be penalised.

CIJ said that penalising an applicant for using information in a different way than the reason stated in the application does not protect the sanctity of the information, which is the intention of section 18 (1).

'FOI dynamic but not perfect'

Nevertheless, the NGO said that the enactment passed yesterday is an improvement to the "watered down" version tabled in July 2010.

"We would like to congratulate the proponents of this law – from the state government to civil society – for this breakthrough.

"The passing of the FOI enactment is all the more remarkable given that it exists within an ingrained culture of secrecy strongly backed by the Official Secrets Act (1972) at the federal level," it said.

In tabling the enactment, Wong said that the law would be a "dynamic" one whereby recommendations provided within the next six months will be considered by the government for implementation.

Similarly, in an immediate response to the passing of the law, Selangor speaker Teng Chang Kim had this to say on his Twitter page:

"Don't expect Selangor FOI to be perfect. State has its constraints. Federal laws take precedence. No point passing ultra vires law."

Federal gov’t should follow example    

Meanwhile Suara Rakyat Malaysia (Suaram) called the FOI enactment a “breakthrough”.

“Civil society organisations and opposition political parties in Malaysia have long called for the abolition of the Official Secrets Act (OSA 1972) in favour of FOI legislation, which should clearly and narrowly define the boundaries of official secrecy,” said the NGO’s coordinator Sarah Devaraj in a statement yesterday.

“Suaram too looks forward to the implementation of the regulation for the rakyat to benefit from the law.”

Devaraj said the legislation played a “crucial role” in helping the rakyat make informed decisions on matters that affect their lives and livelihoods.

“FOI legislation is a very crucial step towards competency, accountability and transparency in governance,” she said.

“The Selangor government now has made a genuine breakthroughs as far as the promoting a more democratic society, and awaits its contemporaries in Penang to follow suit at the next state assembly meeting end of this month,” she said.

Devaraj said Suaram calls on the federal government to follow with the abolition of the OSA.

“The federal government should follow the democratic example set by the Pakatan Rakyat government after being in power for 3 years compared with 54 years of Barisan Nasional rule.”