
The recent criticism by the Penang Freedom of Information Appeals Board of the Penang Island City Council’s failure to respond to an information request within the required 14-day period is deeply concerning.
As one of only two states in Malaysia with freedom of information legislation, Penang has demonstrated its commitment to good governance and transparency. However, this commitment must be upheld not just in principle but in practice.
Institutions like the city council are bound by the Freedom of Information Enactment 2010. They have no room for discretion in fulfilling its legal requirements. Compliance with the law is not optional.
The High Court ruling in Harris Mohd Salleh v Chief Secretary, Government of Malaysia & Ors (2023) reinforces the right to information as a corollary to the constitutional right to free speech.
The city council’s failure to act within the stipulated timeframe is not just an administrative lapse – it is a violation of this fundamental right.
Its non-compliance with freedom-of-information principles also discourages public participation in governance.
A transparent and responsive government fosters trust, accountability and informed civic engagement. These are values that civil society groups like Aliran have long championed.
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The failure to process freedom-of-information requests swiftly risks turning the enactment into an empty promise rather than an effective tool for public access to information.
Individuals like Ravinder Singh, whose request under the enactment was delayed, play a vital role in participatory governance. They must be supported, not discouraged.
There is a pressing need for better education and training within the bureaucracy to ensure full compliance with obligations under the Penang enactment. The enactment itself provides for such education, and state authorities must take proactive steps to implement its provisions.
The present government has expressed its support for the enactment of a nationwide freedom-of-information law, which is likely to be passed this year.
This national development provides additional encouragement for Penang to fully embrace and implement the core principles of freedom-of-information legislation. This legislation will ensure that transparency and accountability are consistently upheld across all levels of governance.
Aliran executive committee
5 February 2025
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