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“The right of free expression embraces the right to impart and receive information. Thus it is not surprising that some constitutions link the right to freedom of information to that of free speech.
“…It would be difficult in a common law system, where legislation dealing with official secrets, breach of confidence legislation and the regulations governing the public service still pertain, to grant a constitutional right to government held information.
“But the commission is of the view that some form of statutory regime should provide the citizen with the access to information needed for the proper functioning of a democracy.”
For journalists and others who have long been advocating for statutory protection, the recommendation was welcomed. But it was among a long list of other recommendations for constitutional change and has not been recognized by the prime minister as one that requires immediate action.
The recommendation to provide constitutional protection for freedom of information and expression was also made by another Constitutional Commission that Christie appointed early in his first term (2002-2007).
That commission noted, “It cannot be denied that a free and unbridled press is one of the most important institutions in a democratic society, and may be deserving of constitutional protection.”
That commission said it had heard from a number of advocates who wanted freedom of the press to be included as part of the principle of free expression.
That was in 2006. The first Christie administration left office without taking any action in that regard.
Freedom of Information
When Ingraham was voted out of office in 2012, he left on the shelf a Free of Information Act.
Parliament passed the act several months earlier, but never enacted it. Today, there are growing demands for the administration of the current prime minister, Perry Christie, to place this act among its priorities.
Despite an endorsement by the prime minister at an anti-corruption forum in the Cayman Islands in March 2014, there is no evidence the draft Freedom of Information Act to allow citizens
greater access to government information and to provide them with the tools to keep public administration transparent and accountable is coming.
Those pushing for such legislation attached little meaning to that declaration.
Not long after returning to power in 2012, Christie pledged that he would bring the Freedom of Information Act into force.
“Those matters are under review by the Office of the Attorney General and in this term we are going to bring it,” he said two years ago.
There are no clear signs that this review is anywhere near completed.
While journalists in The Bahamas do not enjoy specific constitutional protection and are unable to make any demands for public information based on statutory provisions, they do enjoy a tremendous amount of freedom and access to government officials.
The government is frequently subjected to scathing media criticisms and demands for greater accountability.
Branville McCartney, leader of the Democratic National Alliance, an opposition party in The Bahamas, speaks at a demonstration on June 11, 2014, demanding the Government of The Bahamas enact a Freedom of Information Act. A FOIA was passed under the former administration, but never enacted. At right is the party's deputy leader, Christopher Mortimer.