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 promise due to weak enforcement, legal shortcomings and institutional limitations, according to a new policy report issued by the Free and Fair Elections Network (FAFEN).
In its report, “From Pioneer to Performer: Making Khyber Pakhtunkhwa’s Right to Information Law Work Against Disinformation”, 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 disinformation.
The organization noted that while KP took the lead after Article 19A, which guarantees citizens the right to information, was incorporated into the Constitution through the 18th Amendment in 2010, its implementation has lagged far behind the legislative intent.
An evaluation of the websites of 190 provincial public agencies found that, on average, the 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 around government actions and public policies.
“Such information gaps create space for speculation, misrepresentation, and misinformation about government actions,” the brief states, arguing that timely, accessible, and enforceable disclosure of official information remains the most effective antidote to misinformation.
The report identified three major legal deficiencies and two institutional weaknesses that continue to hinder the law’s effectiveness.
According to FAFEN, the current definition of “public body” excludes a number of private organizations and non-governmental entities that benefit from public funds, subsidies, tax concessions or government contracts.
It further noted that while the law requires proactive disclosure, it lacks clear enforcement mechanisms, compliance deadlines, and penalties for violations. The absence of standardized disclosure formats between institutions also makes it difficult to compare, analyze and verify information.
The brief also highlighted concerns about the autonomy of the KP Information Commission, saying limited financial and operational independence has undermined its ability to effectively enforce the law.
It noted that the commission currently lacks authority to conduct periodic inspections of official records or issue binding directives 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 that receive public resources, either directly or indirectly.
It also called for expanding the legal definition of “information” to explicitly include digital and machine-readable records.
