Malaysian NGO Objects to Penang FOI Restrictions

14 July 2016

The Sinar Project has written about its campaign to show that FOI implementation in Penang does not comply with international guidelines.

The nongovernmental organization describes “arbitrary provisions” that restrict sharing of public documents.

The article says:

Penang FOI Enactment doesn’t comply to international definitions due to multiple exceptions that restrict access to information such as minutes of state executive committee decisions and their justifications (MTES).

Unlike the Selangor FOI Enactment, there are no penalties for information officers of Penang state government agencies that do not comply with FOI requests that are valid under the enactment.

The article says that the Penang Executive recently council added further restrictions for the FOI request procedure “with conditions that limit freedom of expression by requiring the public to sign a statutory declaration to agree not to copy or quote the received documents, or make any modifications on the document for purpose of negative statements against the state government.”

“This is against international principles,” the group says.

A copy of the example declaration and translations of relevant parts:

I will use the document for my said purposes and it is for my own personal research

I will not make any copies in any form or duplicate the document

I will not modify any part of the document for purpose of giving negative impression of the state government

I make this declaration as guarantee that it is for my own personal reference and research only

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