IF the phrase “right to know” means the right to access information about governments, then it is said that the phrase can be traced to a speech by Kent Cooper, then executive director of the Associated Press, in the early 1940s.

In a democracy, the public should have access to information about the workings of government. If a government is the government by the people, of the people and for the people, then the government must not govern in secrecy in matters of the people.

In a presentation at Oxford in 1999, Joseph Stiglitz, then chief economist of the World Bank (1997-2000), said:

“[T]he crux of the argument [against secrecy in matters of public affairs is this]:

“A people who mean to be their own governors must arm themselves with the power that knowledge gives. A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy or perhaps both.”

The right to know, also known as the right to information and freedom of information, is an important part of the fabric of democracy. In a message on the occasion of World Press Freedom Day on May 3, 2010, Irina Bokova, then director-general of Unesco (2009-2017) said:

“The right to know is central for upholding other basic rights, for furthering transparency, justice and development. Hand-in-hand with the complementary notion of freedom of expression, it underpins democracy.”

Democracy must empower the people to be well-informed, which is “a pre-condition for their effective monitoring and assessment of their leaders’ performance, as well as for their meaningful engagement in public debate and decision-making processes that impact their lives.

The right to know is therefore an important right for the people to hold government and other actors accountable. It contributes to deterring secretiveness, corrupt practices, and wrongdoings.

Better information flows between those in power and the governed can also enhance efficiency and responsiveness, while strengthening the people’s trust in those who govern them.

The right to know empowers the people to be a “watchdog over the abuse of power” which in turn promotes accountability and transparency, and enables the government to strengthen responsiveness to social problems.

But all rights and freedoms involve responsibility and duties towards other people and the community. One has a responsibility to ensure that he or she exercises his or her rights with consideration for the rights of others. For example, when one uses his or her right to know or right to information, he or she should do so without interfering with the other’s right to reputation – that is, the right not to be defamed.

Defamation is an offence under the law. Section 499 of the Penal Code (PC) says as follows:

“Whoever, by words either spoken or intended to be read or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.”

It is also an offence to make, publish or circulate any statement, rumour or report with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the state or against the public tranquillity; or with intent to incite or which is likely to incite any class or community of persons to commit any offence against any other class or community of persons – Section 505(b) and (c) PC.

Upon conviction, the offence shall be punished with imprisonment which may extend to two years or with a fine or with both.

So, be responsible with the exercise of rights and freedoms.

Do not defame. Do not cause fear or alarm. Do not incite. – May 1, 2024.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.