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Experience in Using Right to Information Act for Access

to Information: A Study on Dhaka-based Journalists


JATRI
Research Report
No.4
Information diminishes the uncertainty of human life. Right to information
January-April, enhances the ability of human beings. Providing access to information in varied
2011
organizations of the state ensures transparency. Thus transparency and
accountability are a must for exercising good governance. Different
organizations, civil society members and different walk of people demanded
from a long time for the Right to Information Act and thus the previous Care
Taker Government of Bangladesh issued Right to Information Ordinance –
2008. Subsequently in the first parliamentary session the present government
instigated the Right to Information Bill before the parliament and passed as an
Act.

Three members Information Commission had been formed already and


different government and non-government organizations took initiatives to
recruit information officer for smooth operation in sharing information. In the
mean time many government and some non-government institutions completed
the recruitment of information officer and provided some trainings also. But in
reality information storage and dissemination system of most offices don’t have
modern facilities. As a result in many times information officers could not able
to deliver information timely.

JATRI – Journalism Training and Research Initiative, a part of Institute of


Governance Studies of BRAC University is devoted from the very beginning in
improving the state of journalism in Bangladesh through varied trainings and
conducting researches. To keep the mission ahead, JATRI conducted the
present research on Using the Right to Information Act (RTI) of Dhaka-based
journalists working with different media i.e. newspaper, television, radio and
online. The study tried to accumulate the understanding of journalists about
RTI, their experience in applying the law, the recommendations through a
structured questionnaire.
JATRI Research Report 4 January-
April,2011

Objectives cover a total of 115 samples. But the study


ended up with 97 samples.

 To know the experience of journalists in


applying RTI and measure the Methodology
responses received.
 To know about the offices where The study has been conducted applying the
journalists did apply for information. survey method. A structured questionnaire
 To see how much supportiveness of comprised of 20 close and open-ended
public officials in delivering information. questions. After developing the draft

 Measure the level of satisfaction of the questionnaire a consultation meeting was held

journalists with the provided information. with the journalists to take feedback and make

 To know about the barriers in the questionnaire more specific.

implementing the law.


 To accumulate the recommendation. Sample Selection

Limitations 75 journalists have selected form a total 15 daily


newspapers (10 Bengali and 5 English daily).

At the very stage the study was supposed to Five journalists from each of the newspaper

cover 115 journalists from different media have been selected. The study mainly chief

among them 75 journalists from 15 newspapers, reporters and the senior reporters who are

30 journalists form 10 television channels, 4 covering different service oriented beats.

journalists from 2 FM radio stations, 2 journalists The newspapers are as follows:

from Bangladesh Betar and 4 journalists from  Daily Samokal

two online newspapers. Later the decision came  Daily Jugantar


up with to interview senior journalists’ i.e. chief  Daily Ittefaq
reporter and senior reporters. As a result a  Daily Prothom Alo
structured questionnaire has been sent to each  Daily Kaler Kantha
of the sample through email that followed up  Daily Janakantha
emails and phone calls. Only 28 journalists gave  Daily Naya Diganta
response through email. Then the research  Daily Amar Desh
team of JATRI took face-to-face interview of the  Daily Amader Somoy
journalists. A few chief reporters and senior  Daily Jaijaidin
journalists didn’t manage time to give interview  Daily Star
and subsequently other journalists have  Daily Independent
interviewed. Though it was supposed in the  New Age
early hour of the study that the study would
 Daily Financial Express
Experience in Using Right to Information Act for Access to Information: A Study on Dhaka-based Journalists

 And Daily Sun Service oriented Offices


Then a list of 30 journalists from 10 TV channels Dhaka City Corporation, WASA, RAJUK,
(3 from each) has been developed. The TV Railway, Road and Transport Department, BTCL
channels are as follows:
Education oriented Offices
 ATN Bangla
 ATN News Education Office, Dhaka University, University
 NTV Grant Commission, Madrasa Education Board
 RTV
Health oriented Offices
 ETV
 Channel I Hospitals, BSTI, Health Office
 Banglavision Ministry and Other State owned Offices
 Desh TV Parliament, Election Commission, Anti
 Boishakhi TV
Corruption Commission, BTCL, Home Ministry,
 Diganta Television
Information Ministry, Social Welfare Ministry,
Six journalists have been taken as sample from Agricultural Ministry, Food and Disaster
three FM radio stations i.e. ABC Radio, Radio
Management Ministry, Fisheries and Livelistock
Today, Radio Amar. The other 4 journalists have
been selected from two online newspapers i.e. Ministry, Jute Ministry, Agricultural Extension
bdnews24.com and banglanews24.com. office, Women Office, Bangladesh Bank, Fund
Management Unit, NGO Bureau, Public
Transport Poll, Weather Office, Statistics
Data Presentation and Analysis Bureau, National Board of Revenue, BTCL, DC
office, Human Resource Training and
Acquaintance with the law and nature of use: Employment Bureau
The journalists were asked whether they know Law Enforcing Agencies
about the law or not, all of the journalists replied High Court, Bangladesh Central Jail, RAB,
that they are informed about the law. Police Head Quarter, Detective Branch of
Police, Different Thanas of capital
After passing the law the rate of seeking Sports related Offices
information from different offices is increasing. Cricket Board, Football Federation, Handball
Among the 97 respondents 43 journalists sought Federation
information from different offices. The journalists Others
mainly sought information from WASA, City Bills, Business House, National Women Council,
Corporation, Railway, Hospitals, Police, RAB. Different NGOs
Besides they also sought information from
Parliament, Election Commission, Anti
Receiving Information, Time, Use of
Corruption Commission, Ministries and
Received Information
Universities.
The rate of receiving information is moderately
satisfied. Because among the 43 journalists,
who asked information from different offices, 29
JATRI Research Report 4 January-
April, 2011

journalists got information as they asked. The about budgetary process of the government,
rest 14 journalists didn’t get any response in extra judicial killing of RAB. Beneath the table
spite of their application. which elucidates the types of information the
The offices took more time in giving information, journalists asked.
in many cases that took more than three
months. Among the respondents 6 journalists Offense
were provided information within one day, 4 Extra Judicial Killing of RAB, Information
journalists received information within 3 days, 5 about crime, Investigation report, Information
journalists got information within 7 days, 2 on past incidence, Information on water
journalists got information within 10 days, 4 supply, Information on different cases,
journalists got information within 15 days, and Development of investigation, Information on
the other one journalist got information within revenue cases, Public sufferings,
one month. The other 5 respondents didn’t give Irregularities and corruption in administrative
any response. Moreover many of them alleged procedure
that they had to communicate more than one Budget and Monetary matters
times with the concerned authority. Budget of different sports oriented
organizations, Fixture of different sports
Among the 29 journalists who got the events, Information on irregularities and
information as they asked, 26 journalists used success of a number of ministries
the information in their reporting. The rest 3 Statistics and Policy
journalists didn’t apply the information in their Varied statistics, Policy of the operation of
job. Medical College, Information about Trade
License, Policy on Issuing Licenses of Mobile
Quality of Information Phone Operators, Information on corruption,
Most of the journalists are not satisfied that they Information of government land, information
are provided from different offices. 12 journalists on different institutions, Information on
are satisfied with the provided information while different surveys,
the rest 17 journalists are not satisfied with the Politics
provided information. Information about political parties,
Information on the presence of MPs in the
Nature of Information parliament, the number of bills passed in the
One of the objectives of the study was to know parliament, the number of amendments
about the nature or types of information the Others
journalists asked. It has been found from the
Information on food production, Number and
study that the journalists asked information
status of FM and community radio stations,

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Experience in Using Right to Information Act for Access to Information: A Study on Dhaka-based Journalists

Administrative activities, presence of illegal Causes of not delivering information


people in the educational institutions The study reveals the authorities who didn’t
deliver information often generate the following
Ways of asking information explanations:
People can ask information in two ways. First  We don’t have the right to deliver
people can ask information orally from the information.
respective authority and in the case of being  Now we are busy, please communicate
ignored; people can ask information submitting later.
written application to the concerned Information  The information you are seeking is
Officer. If there are no concerns of hampering confidential.
sovereignty of the state, the Information Officer  The policy is not finalized yet, so we
is obliged to deliver information with 20 days. can’t deliver information.
The journalists were asked about the ways they  We have to take order from top officials.
applied for information. The study reveals that  It is not possible to deliver information
as journalism is a very time-bound job, the immediately because we have to make
journalists often don’t want to step forward in a communication with the respective
structured way such as dropping application first persons first.
and then wait for a particular span of time to  The delivery of information is not
obtain the information. But in regard of in-depth possible without the signature of
reporting or some cases that have some time in Secretary.
hand, the journalists generally sought  The respective person is on leave.
information dropping written application.
 The computer is out of order or not
The study reveals that 17 journalists have
responding.
sought information dropping written application
 Official Secrecy Act.
and the rest 22 journalists sought that orally.
 For the security of job, the delivery of
The other 4 journalists didn’t make clear in
information is not possible.
which way they sought information.
 All sorts of information are not
The Right to Information Act shows the way that
accumulated yet, so it is not possible to
the authority who will not deliver information in
deliver information now.
response to application must have to have
proper explanations. It has been seen from the
Appeal
study that among the 14 journalists who didn’t
get information, 7 journalists got the
It is mentioned in the Right to Information Act
explanations from authority and in regard of the
that if any offices denied delivering information
rest 7 journalists the authority didn’t convey any
then there is a space to appeal then the
explanations.
authority would take initiative to share
information or if have some difficulties in
JATRI Research Report 4 January-
April, 2011

sharing, the authorities should have that the law made their way easy. They also
explanations. If the authority didn’t take any opined that the proper implementation of the law
steps following the appeal or the explanations would depend on the public officials’ attitudes to
from the authority are not satisfactory then it is the law. 17 journalists told that the law is helpful
possible to make another appeal to Information and they said that the law made a legal base to
Commission. The journalists who didn’t get get information. They also opined to make clear
information were asked whether they appeal to some of the segments of the law. 12
the respective authority. Among the 14 respondents opined that the law is moderately
journalists who didn’t get any responses, 7 good while the other 1 said the law is not so
journalists made appeal and the rest didn’t. The good or not so bad. 16 journalists said that the
7 journalists who appealed for information, 4 of law is not helpful to obtain information. One
them didn’t get any reply while the other three journalist opined that the Right to Information
got explanations. Among the three authorities Act is ‘Black Law’ for the journalist. The other 3
who generated explanation, two of them journalists said they didn’t seek any information
delivered information to the journalists while the applying the law. One respondent said that he
other one said to come after two or three days. didn’t go through the Act yet. One participant
The journalists were not interested so much in opined that the Act ‘might be helpful’. One
formulating appeal and thus they didn’t make participant said that the law has ‘timeliness’. The
any appeal to the highest authority, Information further opinions the journalists talked about are
Commission. as follows:
It is also mentionable that the Right to  The law would not be helpful without
Information Act has made the way to get the proper implementation.
information. The journalists are now facing the  The law has come up with some rights
hurdles of particular time period fixed to get and benefits for the journalists. But the
information. The law is not so much helpful as fruitful aspects of the law are tiny
the journalistic profession is very much time- because of the procedurals hazards.
bound. Many of the respondents opined that the  The law is good but the application is
law is not helpful for their daily work; even also not ubiquitous yet.
some respondents added the law made the way  Bureaucratic complicacies create bar in
for some offices to hide information. delivering information.
 The journalists also have doubts about
Helpfulness of Right to Information Act the accurate implementation of law
The respondents were asked to what extent the because the ubiquitous corruption in
law was helpful to them, 16 journalists replied many spheres.
that the law is very helpful for them; they think

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Experience in Using Right to Information Act for Access to Information: A Study on Dhaka-based Journalists

 It is possible to make use of the though they didn’t recommend any


information in journalistic practice if tentative time period. 17 journalists opined
delivered. to deliver information within 7 days from
 The law is useful for the long-term submitting application. Apart from this the
investigative reporting rather than in other 8 journalists opined to deliver
covering day-to-day events. information within maximum 10 days. The
 The journalists haven’t enough time and other 8 journalists opined for 3 days. 1
mentality to ask information using the journalist opined for 5 days, 3 journalists
law. opined for 2 days and the other one

 The ministers answered the question of journalist opined the authority should have

the journalists during the press to deliver information immediately. 4

briefing, but in regard of written respondents opined that to wait for 20 days

application, they didn’t respond. The is not possible while the other one opined

journalists also described this as the that the act is not effective for the
mentality of keeping hide information. journalists. Moreover four respondents said

 The law is helpful for investigative we have not any allegation against 20 days

reporting as it takes long span of time. but the timeline should have to be followed.

 The public officials are disinterested in The other one respondent said that many

sharing information. offices are not following the timeline of 20

 The law is good in nature but the public days. The rest one journalist said he didn’t

officials often want to keep the use the act yet.

information hide. Some more responses have come that are

The rest 8 journalists didn’t respond to this as follows:

question.
 The act seems friendly.
 Every ministry should have to deliver
Opinion on Delivering Information
information except the matters that go
within 20 days
against the security of the state.
According to the Right to Information Act,
 Implementation is essential for the
the authority is obliged to deliver
effectiveness of the act.
information within 20 days in response to
 Abiding by the law has to be ensured.
the written application. The journalists were
 The law is not effective as it takes 20
asked about the procedure of delivering
days to share information that is as the
information in 20 days. The study reveals
age Ser Shah where horses were used
that most of the journalists recommended
as bearer of goods. The example has
reducing the time period fixed for delivering
generated to compare the slowness of
information. 20 journalists opined providing
delivering information. The journalists
information within 20 days is too long
also opined that the way of delivering
JATRI Research Report 4 January-
April, 2011

information doesn’t go with the concept The respondents were asked about the
of digital facility. obstacles in implementing the law. The
 There is possibility of deceit in delivering responses are as follows:
information. Number of journalists
 The journalists need information
Yes 68
immediately, and waiting for 20 days
does not go with the journalistic No 19
practice.
 The act has become ineffective because No response 10

of time-bounding.
 Time for delivering information has to be
The table elucidates 68 journalists think there is
reduced for the electronic media
obstacles in implementing the law. The other 19
journalists.
journalists think that there are no obstacles while
 The delivery of information is possible the rest 10 journalists didn’t respond.
within one day if the authority wishes. The respondents thought that the bureaucratic
hazards and the ‘mindset’ of the public officials
are the main obstacles in implementing the law.
The role of Government in implementing the
17 respondents think bureaucratic hazard is the
law
main obstacle. The other 8 respondents opined
The respondents were asked about how is the
that the obstacles come for the mindset of the
role government is playing on implementation of
public officials. Two respondents opined about
the law. The responses are as follows:
the political intransparency. The 8 respondents
Scale Number of respondents
alleged about the mindset of the government. 2
Very good 6 journalists said about the lack of consciousness
of the general public about the law. Two
Good 12
journalists told about the obstacle on not

Moderate 33 mentioning the punishment in the case of not


delivering information.
Not good 42 More responses came in this regard are as
follows:
No response 4
 Insufficient human resources in the
administration.
Obstacles in implementing the law  Many offices developed the policy of
disseminating information. Election

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Experience in Using Right to Information Act for Access to Information: A Study on Dhaka-based Journalists

Commission has developed also, but


they don’t want to share that Right to Information Act and Reducing
 Lack of accountability in the corruption
administration, there is tendency of During campaigning for the Right to Information
keep hiding. Act from different stake holders, it was claimed
 The concerned persons are not well that the RTI would decrease the corruption in
informed about the law. the offices and would make the way more
 The administrations have a fear of people-oriented administration. The journalists
disclosing the corruption, were asked whether it is helpful for reducing
inconsistencies to the public. corruption. The responses are as follows:

 Insufficient record clippings, lack of


modern ICT. Number of Journalists

 Information of the offices is not well


Yes 82
organized.
 Many government officials are not No 15
aware about the law.

Recommendations
 Most of the offices have dearth of information and also don’t have the digitalized systems that
have to be developed for quick dissemination of information.
 A change should come in the mindset of the officials in sharing information.
 Motivation is needed to the officers for recognizing information dissemination is a responsibility
and to keep information hide is an offence.
 The Right to Information Act shows the information would not be disclosed where there is a
subject to national security/sovereignty. The journalists opined to make clearer the subject of
national security.
 The persons who deny sharing information should come under punishment.
 Bureaucratic hazards should be minimized.
 The public officials have to be more responsible to their work.
 Journalists should not ask irrelevant information.
 Every office should have distinct information cell and assigned officer.
 The Act could be included in the school curriculum also.
 Information should not be kept hide raising conditions of national security.
 Non-government organizations should come under the law.
JATRI Research Report 4 January-
April, 2011

 A monitoring team could be formed for implementing the law.


 The state should have data bank and make available in the internet.
 The ministries should be more communicative in nature.
 Information dissemination from the public officials should have to be obligatory and in the annual
report there could be a section for the performances of the officials in cooperation on sharing
information.
 It has to be clear where people will go to seek information.
 Neutral and effective Information Commission.
 Appropriate training to concerned persons.

For any information, please contact:


Jamil Ahmed, Chief Executive, JATRI; Cell -
01711855732
E-mail: ajamilbd@gmail.com

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