Myths Surrounding Freedom of Information Laws

Abstract

This chapter seeks to diminish mythical arguments advanced against FOI. Self-explanatory sub-headings are laid bare and taken apart, in such a manner that makes it clear that they are myths which are derived from concerns surrounding or stemming from realpolitik or political pragmatism. This chapter begins by briefly sourcing FOI from international instruments, especially African conventions, and cites the Sierra Leonean Constitution and the RTAI Act 2013 as setting out to protect freedom of expression and FOI. It makes clear that legally prescribed FOI is for all persons, and briefly touches on the effect of FOI on the media. It addresses economic and financial concerns associated with the implementation of FOI, specifically citing how the RTAI Act 2013 operates to address such concerns, and cites arguments in favour of the overall economic benefit of the implementation of FOI. It pulls apart the myth that FOI is a threat to national security by explaining how the currently prevalent construction of FOI allows for national security exceptions. It argues that the absence of adequate information management systems is a developmental challenge that ought not to impede the implementation of FOI, and that, by contrast, provisions in FOI laws can help facilitate that momentum. It dispels the floodgates arguments with evidence from the United States and Liberia and details legislative safeguards against floodgates. Lastly, it argues that the FOI regime instituted by the RTAI Act is not doomed to failure, since the Act provides for the enforcement and sanctioning capacity of the information commissioner. It concludes on the note that FOI is the foundation for open government and democracy.