Latest update February 6th, 2025 7:27 AM
Oct 01, 2009 Editorial
There is a trend in Guyana that would not be observed in any democratic country. What makes this trend even more revolting is the fact that there is no Freedom of Information Act.
That Act allows people to access information that should be in the public domain but which for reasons common to a bureaucracy, remains hidden unless revealed by public officials in special sessions of the National Assembly or during public addresses.
Trinidad and Tobago, Barbados and Jamaica have all legislated on the Freedom of Information Act and their reporters access all relevant information that happens to be accessible.
For reporters in Guyana, not having such an Act is indeed a major humbug. Things have reached the stage where reporters are content to accept whatever is thrown at them by politicians and decision-makers.
This does not make for good reporting and it denies the public the right to know.
The enterprising few, in pursuit of information that they consider to be of interest to the public, find other hurdles, some of them costly to both the reporter and the organization with which he or she works.
Recent efforts to solicit information on the specifications of some government contracts have led to legal action by at least one contractor. This contractor has also secured an injunction against the reporter and the organization.
Then more recently, there has been the case of Press Liaison to the President, Kwame McCoy, who was accused of soliciting sexual favours with an underaged teen. This issue gained wide publicity because of a recording capturing this episode.
To silence the press, McCoy resorted to the courts, first with a denial that he was the person recorded in the conversation with the underaged teen, and then to prevent any repetition of the accusation. As fate would have it, lawyers for the television newscast, Prime News, happened to be in the confines of the court and they secured a modification to the amendment.
Never the less the media houses sanctioned had to pay their lawyers. This in itself is a disincentive to reporting that could attract the ire of the subject and legal action, even if the action is frivolous.
In some countries, the laws are quite clear. Public figures had better think twice before they attempt legal action because they often end up the worse. In Guyana, the opposite is the case.
We must now examine whether the courts are operating in the interest of the public by granting public figures almost unfettered right to seek umbrage within its confines in the face of exposes that are invariably true. Already the law provides for hefty sanctions against people and organizations that libel or slander an individual.
There have been numerous instances of public figures hiding behind the petticoats of the court because they desperately want to keep their business secret even when such business is of interest to the public.
Just last week, an American reporter who happened to be in Guyana on a speaking tour, talked about the introduction of a Freedom of Information Act in his home state. To add insult to injury, he likened Guyana to his state of Georgia in the 1960s—more than 40 years ago.
He said that he could have had access to any information by writing to the requisite organizations. Regardless of how disturbing the information was, the company or organization was by law bound to provide it.
In Guyana, access of the information could lead to a lawsuit. This needs to be changed. President Bharrat Jagdeo has said repeatedly that he is committed to a free press. It would do well if he could influence his followers that they should accept probes and not hide behind the courts.
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