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When journalists can obtain public records, they need not rely on the whims of a government source to report on government actions and activities, and they can better disclose how tax dollars are spent and how policies are made and implementedMedia Law Handbook [2010]


The advent of the Internet means that the often held view according to New Yorker magazine contributor A.J. Liebling that, “Freedom of the press belongs to the man who owns it” is no longer a rule of thumb. The increasing popularity of blogs and other social media players have given a voice to the PEOPLE. Compared to many developing countries, Barbados falls short in its failure to enact Freedom of Information laws (FOIA), a key prerequisite to facilitating freedom of expression. The government is on record that FOIA is in the pipeline, to be brought to parliament soon, one senses this is something it will action when it becomes politically expedient and not out of a sense of urgency to protect a fragile democracy.

The frightening reality remains that local journalists have to rely on government sources to confirm or deny information before releasing to the public. In Barbados this represents a worrying situation given our small size which breeds the opportunity to be victimized, manipulated or encourage corruption. While admitting that FOIA is not a panacea for all our problems, such legislation if enacted, would update existing laws to reflect that we are operating in the 21st century. The accepted practice of local media editors to ‘dumb down’ stories because advertisers may become offended occurs, is that not self censorship and a threat to democracy?

The Internet has given the opportunity for ordinary citizens to challenge power structures which have been controlled by interest groups with deep pockets.

A classic case of how an effective media can perform its role was demonstrated last week in the United Kingdom – Chaytor, 61, became the first politician to be convicted and sentenced over the MPs’ expenses scandal. You may recall that Chaytor submitted bogus invoices to support claims totalling £22,650 for IT services and renting homes in London and his Bury North constituency. This is an example of the UK media (The Telegraph) acting independently. Besides the fact it sets precedent for common law countries, it also highlights the need for another missing piece of legislation to be enacted in Barbados, Integrity Legislation. Barbadians had been promised this legislation in 100 days on the government assuming office – totally unrealistic – although to the government’s credit it has finally been brought to parliament for debate.

To enter the realm of  first world status which our politicians preach about we are left to wonder why we continue to hold on to the vestige of what is archaic and irrelevant. This is happening at a time when our Parliament is saturated with members of parliament who are lawyers. Perhaps our policymakers and media players know why they have been reluctant to bring Integrity Legislation and Freedom of Information to the fore.


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  1. The “have’s” in Barbados both black and white and the politicians/government workers in their pockets will do everything in their power to stop, stall, or kill any FOI act reforms…. No matter how unjust it is to the people in all times especially these times… Sad…


  2. @Austin

    Barbadians talk about the need to have FOIA and Integrity Legislation enacted but guess what? It is all used for political argument. How often does one hear the average Barbadians call in to the talk shows or post to the blogs about FOIA and IL? Even our journalists who it will benefit are mum.

    Wait until the next general elections and listen to the debate. People get the representation they deserve.


  3. I am not sure that the FOI act can be stalled any longer. If we are to continue to compete for off-shore business, it has to be put in place as soon as possible. Also the media has run out of options about reporting……they have to start doing it, or it will impact badly on our overseas investment. The Chaytor case has sounded a clear and potent warning to all common law countries, including Barbados. I read with great interest the comments of the judge upon sentencing Chaytor to 18 months. He certainly did not mince his words and those words will resonate loudly with the Barbados electorate. And Chaytor is only the first of four. There are another three to come. Chaytor pled guilty and this led to a discount of about 25% of time on his sentence. This sets the standard for the others, all of whom have pled not guilty, if they are found guilty.

    I agree with BU that 100 days was optimistic for FOI – I would have said that 2 to 3 years would have been far more realistic. However, we now have a very tightly written draft act for integrity legislation and the sooner it can be put in place, the better. So what if some of our current MPs fall victim to it. The government as a whole will experience no down-side from it, only kudos for having passed it into law. Indeed, with the massive backlash against Owen Seymore right now, this is the perfect time to get the legislation in place and risk any down-side, which I cannot see exists in the first place. Truly it is David Thompson’s greatest and most lasting legacy to the people of Barbados. And let us face it, the acid test will lie in the application, rather than in the Act itself.

    There is a lot of rumour flying about the Ishmael case as well and the soft question session with Donville Inniss has done nothing to satisfy the right of the electorate to know exactly what is going on. Even the blogs seem to have had their usual sources of information dry up on them. Clearly certain elected officials don’t seem to think that our health is our business. I hope we will not be called upon to teach them otherwise.


  4. Here are the comments of the Judge mentioned in The Telegraph article:

    Mr Justice Saunders added that people who make fraudulent claims for public benefits are “rightly condemned” by others.

    He said many of these fraudsters are poor and added Chaytor cannot claim this in mitigation.

    The judge said: “The whole expenses scandal has shaken public confidence in the legislature, it has angered the public.

    “Chaytor only bears a small part of responsibility for that erosion of confidence and the public anger.

    “But it is important because he has accepted his conduct was dishonest.

    “These kind of offences are difficult to detect because of the trust placed in an individual to be honest in his or her claim.

    “When they are discovered it is necessary significant penalties should follow so people realise how important it is for people to be honest in dealing with public funds.

    “That is the only way public faith in the system can be restored and maintained.”


  5. FOI ENSHRINED IN INTERNATIONAL LAW…

    Freedom of Information as an Internationally Protected Human Right by Toby Mendel*

    The right to freedom of information, and particularly the right of access to information held by public authorities, has attracted a great deal of attention recently.

    In the past five years, a record number of countries from around the world – including Fiji, India, Japan, South Africa, Trinidad and Tobago, the United Kingdom and a number of other European States – have taken steps to enact legislation giving effect to this right.

    In doing so, they join those countries which enacted such laws some time ago, such as Sweden, United States, Finland, the Netherlands, Australia and Canada.

    Intergovernmental bodies have also started to devote more attention to this issue, with significant developments at the UN and Commonwealth.

    The importance of freedom of information as a fundamental right is beyond question. In
    its very first session in 1946, the UN General Assembly adopted Resolution 59(I), stating,
    “Freedom of information is a fundamental human right and … the touchstone of all the freedoms to which the United Nations is consecrated.”

    Abid Hussain, the UN Special Rapporteur on Freedom of Opinion and Expression, elaborated on this in his 1995 Report to the UN Commission on Human Rights, stating: Freedom will be bereft of all effectiveness if the people have no access to information.

    Access to information is basic to the democratic way of life. The tendency to withhold information from the people at large is therefore to be strongly checked. i These quotations highlight the importance of freedom of information at a number of different levels: in itself, for the fulfillment of all other rights and as an underpinning of democracy.

    Read Toby’s piece at:

    http://www.article19.org/pdfs/publications/foi-as-an-international-right.pdf


  6. IN MY PIECE ON – “In The Absence Of Divine Authority” – the statement:

    “If government by the people and for the people is the basis of democratic rule and we are the “ones” who hold the balance of power, we must be allowed to freely choose our system of government by referendum where politicians cannot pre-vet the outcome or the socio-political corporatocracy cannot hold a monopoly on that power. We must strongly defend term limits on our elected representatives but have the power to recall individuals who break pledges or renege on Manifesto and campaign promises. Included in this vein, are those politicians who willfully “LIE” when full disclosure in all communications is required and the removal of “privilege” that ensure that politicians go to jail, pay fines and are prohibited from holding public office in the future.”

    THIS MUST HOLD TRUE FOR ANY DEMOCRACY… (OLD OR BURGEONING – as in the succession case of Southern SUDAN)…


  7. In regards to CHAYTOR* – sadly someone had to be made a “SCAPEGOAT” and he was regrettably THE FALL GUY…

    The truth is on the ground – a whole sleuth of these “bastards” during the EXPENSES* scandal got off by the skin of their teeth and like all crooked, unethical politicians are do deluded they don’t believe they did anything wrong in stretching the truth or their privileges for that matter …

    In an otherwise perfect world – these BUGGERS* should ALL* have either gone to JAIL* or be stripped of their parliamentary privileges including access to the pot of GOLD (called future “PENSIONS”*) – but somehow as is the case in a so-called DEMOCRACY – there’s one law for the privileged few and another law for the masses…

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