ISLAMABAD:
Twelve years after Khyber-Pakhtunkhwa became Pakistan’s first province to enact a Right to Information (RTI) law, the province’s innovative transparency framework is struggling to deliver on its promises due to weak enforcement, legal loopholes and institutional constraints, according to a new policy brief released by the Free and Fair Elections Network (FAFEN).
In its report titled ‘From Pioneer to Performer: Making the Khyber Pakhtunkhwa Right to Information Act Work Against Misinformation’, released on Sunday, FAFEN urged the KP Assembly and the provincial government to undertake targeted legal and institutional reforms to transform the law into an effective tool for proactive disclosure, public accountability and combating misinformation.
The organization noted that although the KP took the initiative after incorporating Article 19A, guaranteeing citizens the right to information, into the Constitution through the 18th Amendment in 2010, its implementation lagged considerably behind the legislature’s intention.
An assessment of the websites of 190 provincial public agencies found that, on average, institutions disclosed only 57 per cent of the information they are legally required to make public.
FAFEN warned that such transparency gaps create fertile ground for misinformation and false narratives regarding government actions and public policies.
“Such information gaps create space for speculation, misrepresentation, and disinformation about government actions,” the document said, arguing that timely, accessible, and enforceable disclosure of official information remains the most effective antidote to disinformation.
The report identified three major legal deficiencies and two institutional weaknesses that continue to hamper the effectiveness of the law.
According to FAFEN, the current definition of a “public body” excludes a range of private organizations and non-governmental entities that benefit from public funds, subsidies, tax advantages or government contracts.
He further observed that while the law requires proactive disclosure, it lacks clear enforcement mechanisms, compliance deadlines and sanctions for violations. The lack of standardized disclosure formats across institutions also makes information difficult to compare, analyze and verify.
The document also highlights concerns over the autonomy of the KP Information Commission, saying its limited financial and operational independence has compromised its ability to effectively enforce the law.
He noted that the commission currently does not have the authority to conduct periodic inspections of official records or issue binding guidelines on records management and disclosure deadlines.
To address these shortcomings, FAFEN recommended expanding the definition of “public body” to include all private organizations and NGOs receiving public resources, whether directly or indirectly.
He also called for expanding the legal definition of “information” to explicitly include digital and machine-readable documents.
