When the 15th Congress returns to work on Jan. 21 after a month-long holiday break, it will have only nine session days left to pass the Freedom of Information bill. The Senate has passed its version of the measure on third and final reading. A similar move is awaited from the House of Representatives before the two chambers can go into bicameral conference and hammer out the final version of the FOI bill.
If the measure fails to hurdle the bicameral conference committee, it reverts to first base when the 16th Congress opens in July. The same arguments will be raised, and the same reservations presented by opponents. The proposal has been kicked around in Congress for many years.
FOI proponents had hoped that the administration that won on an anti-corruption platform would give its full support to a measure that promotes transparency and good governance. Instead the debate on the FOI has become bogged down in lawmakers’ attempts to insert a self-serving quid pro quo – a right of reply, which would allow them to dictate editorial policy to the media and effectively impose a restraint on press freedom.
The right of reply – a monkey wrench thrown into the FOI debate – would be on top of other existing legal avenues for redress for those wronged by unfair or maliciously erroneous media reporting. Libel is a criminal offense in this country and its victims can also seek civil damages.
An FOI law could deter lying in the annual statements of assets, liabilities and net worth of public officials. It could compel transparency in government spending and the award of contracts. Transparency rules can help deter the illegal accumulation of wealth by public servants.
President Aquino’s support for the FOI has been tepid. Perhaps he has been busy with other legislative priorities requiring his investment of political capital. Now that several of those priorities have been realized, he can put his weight behind the FOI. It is not yet too late for the 15th Congress.