Access to basic information continues to be a luxury in Africa
Despite the passing of legislation, access to basic information continues to be a luxury in Africa
Legislators from Nigeria's upper chamber convened in their usual attire on a cool Tuesday afternoon in April 2011 in Abuja, the country's political and administrative capital. Their attire was representative of the country's rich cultural diversity.
At such regular meetings, legislators attempt to chart a course for the continent's most populous country. Rounds and rounds of never-ending debates are typically postponed until another day, when the cycle is repeated. On April 24, 2011, however, things were different. The legislators had made a decision that would change the course of history.
The Freedom of Information Act (FOI Act) was passed by the National Assembly on that day, among other things, after years of deliberation and debate. Goodluck Ebele Jonathan, the then-president, signed the bill four days later, in contrast to former President Olusegun Obasanjo, who refused to sign the bill when it was first proposed in 1999, and it became law four years later.
A great deal of praise was expressed for this decision, particularly from members of the press — the Fourth Estate of the Realm — because it is expected to promote press freedom, improve the general well-being of citizens, and develop democracy, as has been seen in Western countries.
Are you curious as to what is causing all of the excitement?
Quite simply, the Act's goal is to make public records and information more easily accessible to those who need them. This means that custodians are obligated by law to provide public access to public records and information upon request from the public. It even goes so far as to protect serving public officers from the negative consequences of disclosing specific types of official information without permission.
Is your local government collaborating on a street lighting project that will benefit several towns and villages in the area? You have the right to know about the budget and the contractors working on your project, and you have the right to demand an explanation for any delays. What about the amount of money the government collected in taxes and how that money was allocated?
The underlying philosophy of freedom of information is that the general public has a right to know what public servants, who are custodians of public trust, are up to in their daily lives.
Out of Africa's 54 countries, Nigeria is one of only 11 that have enacted a Freedom of Information Act. In 2001, the Promotion of Access to Information Act was passed in South Africa, making it the first country to do so.
Even international organizations such as the United Nations (UN) and the African Union (AU) frequently promote an enabling environment for the passage of freedom of information (FOI) legislation while also encouraging active use of the law by raising public awareness.
If everything goes according to plan, this should indicate that the continent is gradually coming around to the idea of freedom of information.
However, what is the current state of affairs two decades later? A cursory examination will reveal intermittent attempts to stifle free expression in these countries, which have come in the form of sporadic unfair legislation and vetoes.
Recognizing or adopting the right to information may not be sufficient, and despite the efforts of international organizations, most governments appear to be content with merely stating their support for these laws.
When an investigation by the Premium Times and UDEME revealed that 16 Nigerian states had yet to establish processes to promote transparency in government in 2020, it was nearly a decade after Nigeria passed its transparency law.
This was confirmed after 162 Freedom of Information requests were submitted across Nigeria's 36 states. Only 30 percent of the recipients responded to their requests and provided information, out of 600 requests received over two years; the remaining recipients either ignored the requests or provided no information after acknowledging them.
As a result, public officials who violate these laws pose a threat to press freedom because they have the exclusive right to make information available to the public.
Infringing on the Freedom of Information Act
Accord to the United Nations (UN), the right to access information is an integral part of the fundamental right to freedom of expression, which encompasses the freedom to seek, receive, and impart information and ideas through any media, regardless of geographical boundaries.
A violation of this right, according to the United Nations Educational, Scientific, and Cultural Organization (UNESCO), may include, but is not limited to, infringement of press freedom and freedom of expression on the Internet.
Specifically, when it comes to the latter, the term "Internet" encompasses any other type of emerging media as long as it contributes to development, democracy, and dialogue.
Ironically, Africa suffered a loss of approximately $454 million and 2,802 hours between January and August 2021 as a result of a variety of government-imposed social media shutdowns and Internet blackouts between January and August 2021.
Over 160 million Internet users have been impacted by Nigeria's ongoing Twitter ban, with Uganda, Chad, Senegal, the Democratic Republic of Congo, Ethiopia, and Sudan all contributing to the total number of affected Internet users.
Strangely enough, despite fierce opposition to the Social Media Bill and Digital Taxes in Africa, the legislative process has not been halted.
Ordinary social media users and online tool adopters in Lesotho, Ethiopia, Zimbabwe, Uganda, Burkina Faso, Togo, Tanzania, and Nigeria are having a difficult time as a result of regulatory issues in these countries and elsewhere.
Nigeria's ongoing Twitter ban is detrimental to the country's digital rights bill, which is currently in limbo.
The government is well aware that if the Social Media Bill is successfully passed, measures such as those prohibiting Internet use, for example, will become less contentious. This holds true for both traditional and digital taxes.
According to an interesting report published in August 2021 by the policy research firm Tech Hive Advisory, four countries — Nigeria, Ethiopia, Botswana and Kenya — have laws protecting freedom of expression and privacy for their citizens, as well as laws that violate those rights.
One viable trap for the government against press freedom, according to Samuel Ibemere, Editor-in-Chief of Ripples Nigeria, has been identified as legislation, according to Techpoint Africa.
The government searches for rules that are even remotely applicable and then proposes an amendment that furthers the agenda of censorship. In the event that this does not work, they resort to acting outside the law, thereby circumventing the law.
Reasons that are up for debate
We discovered that the vast majority of these shutdowns are caused by elections, protests, conflicts, information control, and national examination procedures.
However, in reality, it goes much further than that.
Ridwan Oloyede, a data protection expert and CEO and Co-founder of Tech Hive Advisory, explains to Techpoint Africa that information hoarding is primarily caused by a lack of respect for accountability and transparency.
As a veteran journalist with 35 years of experience in a variety of capacities, Lekan Otufodunrin agrees with this assessment and believes that in their attempt to evade the oath of office that they swore to uphold, they are attempting to dictate what the media should report.
Giving citizens the ability to hold public officials accountable and to demand more from them may be the most significant power ever bestowed on them by a democratic government. And, incidentally, this is exactly what citizens should expect from democratically elected governments.
From a psychological standpoint, placing the general public or the media in a situation over which they have no control renders them helpless, which is exactly what those in positions of public trust seek to achieve.
A social psychologist by the name of Dr Catherine Oyetunji-Alemede has stated that "when people do not have access to information, they are more likely not to know what they should do."
It is further stated by the author that "not knowing what to do puts you in a psychological state of learned helplessness."
People who have experienced learned helplessness come to believe that bad things are unavoidable and unchangeable, and this perspective is passed down to subsequent generations. This is accomplished by portraying a state of social helplessness as being normal on a consistent basis. This does not augur well for a democracy-loving country like the United States.
Everyone has the ability to act as a watchdog
The media has served as watchdogs of the government and the 'powers that be' in society for many years and across many different geographies. Consequently, media is regarded as the fourth branch of government, ranking fourth behind the executive, legislative and judiciary branches of government in the United Kingdom.
Journalists frequently go above and beyond their call of duty, defying threats, risking bodily harm, and working with incomplete information.
It is therefore impossible to fault them for anticipating positive change in the wake of FOI legislation being enacted. Und the conversation is gradually changing as we move forward into the digital age.
While information hoarding has always been a significant challenge for journalists, Temitope Olaiya Templer, News Editor at The Guardian Newspaper, says that journalists' response to the problem has evolved with the times.
"I believe this trend began when people realized the potential of citizen media." Previously, it was simple to control broadcasts and prints, but managing content on the internet has proven to be more difficult. And the greater the number of citizen journalists who use social media, the more difficult it is for the government to respond."
According to Ibemere, in the past, when print and broadcast media outlets were closed, journalists were forced to go underground in order to continue distributing the news.
Because of social media, the government has realized that the means of distribution are rapidly expanding and becoming increasingly difficult to manage. As a result, it comes as no surprise that they are attempting to shut down this new means of distribution. But how long will the government be able to continue in this manner?"
In the midst of the Twitter ban controversy in June, Gbenga Sesan, Executive Director of Paradigm Initiative, who holds similar views, stated that as the government's plan to retain and expand control is implemented, the populace will become more exposed and enlightened, resulting in more pushback.
Incentives for citizen journalism include the "see something, say something" culture, which has been applied to election reporting in recent years. However, it was reported that the National Broadcasting Commission (NBC) of Nigeria fined three media organizations not less than N2 million ($5,263.1*) for reporting the October 20 #LekkiMasaccre using eyewitness reports.
The National Broadcasting Corporation (NBC) recently announced plans to license over-the-top (OTT) services, but this was not the government's first attempt. Similar attempts by the NCC in 2016 and 2019 were abandoned as a result of opposition, and Sesan explained why the latest attempt would be unsuccessful as well.
"What the government hasn't done is make the specifics of the license available to the public." The problem is that there is no such license in place. OTTs are not broadcasters; rather, they are platforms, even if they are used for broadcasting purposes by some. There's a reason why they're referred to as intermediaries.
Taking the muzzles off
"Being deprived of information is akin to being subjected to a form of intellectual slavery." Additionally, being unable to access credible, fact-checked, and timely information during an emergency situation could mean the difference between life and death," Oloyede explains, explaining why the media cannot afford to be complacent in the face of information deprivation.
The press, on the other hand, cannot be silenced.
Otufodunrin, who is now the Executive Director of the Media Career Development Network (MCDN), reveals that he witnessed various forms of censorship before and during his time as the managing editor of The Nation Newspaper, but learned how to cope while doing everything he could to reverse the situation.
"Before the advent of new media, there were established methods of practicing journalism that are still effective in carrying out our editorial responsibilities. As he explains to Techpoint Africa, "the censorship can only limit our operations, but it cannot prevent us from carrying out our mission."
Olaiya elaborates, stating that it is difficult, but when faced with the choice between proceeding with incomplete information because the relevant authorities are not forthcoming or using anonymous third parties or persons of interest who are willing to compromise, journalists will choose the latter option when given the choice.
He concludes, based on recent experience, that using the Freedom of Information Act as a tool to compel a response to requests is not always as effective as it should be in obtaining a response.
With the effectiveness of this instrument waning, Oloyede believes that more needs to be done to address the situation.
The implementation of laws is important, but it's equally important to put in place mechanisms that ensure that the laws do what they're supposed to do. For example, judges who are being trained on how to work. The ability to provide information to people when they request it is possessed by government agencies as well as private organizations and businesses that benefit from collaboration with the public authority."
In these types of situations, Olaiya frequently instructs his team to "stay with the facts" while ignoring their emotions.
If you stick to the facts, no matter what harassment you face or what social media trolling you receive, no matter whether you're targeted by government agents or paid social media influencers, the facts will always win out, he says.
Ibemere also makes allusions to instances in which social media influencers and other random individuals have come to criticize fact-based investigative stories. In any case, he maintains that neither the press nor the general public should be forced into a position where they are unable to hold the government accountable.
Oyetunji-Alamede explains what this means in more detail.
A decade of professional experience as a social psychologist in higher education has led her to believe that the likelihood of citizens resorted to revolution, anarchy, or extreme chaos increases with the passage of time and the infringement of their right to information. People who try to get around this are sometimes forced to look for a less restrictive environment outside of the country.
This brings to mind the work of a radical investigative journalist, David Hundeyin, who operates from outside the country's boundaries.
In Africa, it is risky to engage in media activities.
On the one hand, journalists must conduct themselves in a highly professional manner and adhere to the best practices established by their profession. On the other hand, there are times when they either make exceptions or do nothing at all.
According to Olaiya, when a government refers to specific media outlets as purveyors of fake news on a consistent basis, the result is typically negative because the media outlets present the facts they have in the face of insufficient information resulting from the withholding of pertinent details.
This has the potential to undermine journalistic integrity as well as the credibility of media reports. And, if the trend continues, the media organization will lose credibility over time.
In light of the fact that there are always two sides to every coin, some outfits choose to play it safe and release teasers with the promise of more details to follow. It should go without saying that this is detrimental to their image.
Ibemere, on the other hand, believes that the media must maintain its independence in order to provide the public with fact-checked information, something that can be accomplished despite the current challenges.
His point of view is that "what the media can do to overcome those obstacles is to also play within that legal space." We must be able to identify the specific obstacles that are present. We have a question about those statutes.
"The media is not irresponsible in its reporting. As much as we want to make sure that we abide by the rules, we are also aware that some of those rules have been deliberately instituted in order to prevent us from enjoying any breathing space."
Today is the International Day for Universal Access to Information (International Day for Universal Access to Information).
According to the United Nations, on September 28, the International Day of Universal Access to Information, the world recognizes the importance of access to information and celebrates it.
The theme for this year is "The Right to Know – Rebuilding Better Communities through Access to Information."
Unfortunately, many African countries are ranked low on the World Press Freedom Index when it comes to their activities in 2021, according to the World Press Freedom Index.
To give you an example, Ethiopia is ranked 101st, and Kenya is ranked 102nd, just one position ahead of Ethiopia. Nigeria is ranked 120th, and Zimbabwe is ranked 130th, a ten-point difference between the two countries.
This is despite the fact that these countries already have FOI laws in place, which should ordinarily serve to protect press freedom and information freedom.
People living in Africa, as well as members of the media, are reminded to be courageous in their opposition to guerilla legislations that violate their right to timely and credible information.
At the end of the day, Gbenga's parting words should be heard clearly: citizens should not be intimidated in the face of political opposition. This is a democracy, and it takes courage to push policies that will have a positive impact on the people.
