Govt plans fivefold fine for withholding information

The government is set to amend the Right to Information (RTI) Act, 2009, introducing tougher penalties and revising key provisions to enhance transparency and strengthen citizens’ access to information.

Under the proposed changes, any attempt to withhold official information will attract a fine five times higher than the current amount.

Four crucial sections of the existing law are set to be revised to facilitate smoother information flow, enhance administrative transparency, uphold citizens’ rights, and curb corruption.

According to sources at the Ministry of Information and Broadcasting, the amended law will stipulate a fine of Tk250 per day for withholding information, up from the current Tk50, capped at a maximum of Tk25,000 instead of Tk5,000.

The draft also specifies that if information is withheld with the intent to conceal corruption or wrongdoing, the imposition of the fine will be mandatory.

Sections Proposed for Amendments

The proposed amendments will affect Sections 5, 6, 7, and 27 of the RTI Act, in line with the recommendations of the Public Administration Reform Commission (PARC).

The Commission submitted its report to Chief Adviser Dr Muhammad Yunus on 5 February.

The report emphasised the need for reviewing and amending the Act to ensure that citizens can freely and easily access information related to public services.

Mandatory Preservation and Digitalisation of Information

The revised Section 5 will require every public body to prepare a catalogue and index of all information and preserve it using computers or suitable technology.

These records, including files, manuscripts, microfilms, images, audio or any form of digital data, must be connected to a nationwide e-network for easy access.

Mandatory Publication and Dissemination

Section 6, as amended, will obligate each authority to publish and disseminate information about adopted, ongoing, and proposed activities.

This will include proposed budgets, actual income and expenditure, procurement decisions, tender outcomes, contracts and audit reports, project expenses, and reports on the use of public funds.

The aim is to ensure that these details are regularly made public to guarantee citizens' right to information.

Exceptions in Public Interest

While the current law allows certain information to be withheld, the revised Section 7 will introduce clearer and stricter guidelines.

Two new sub-sections will be added, defining under which circumstances and how information may be withheld, based on transparent standards.

Increase in Fine

Currently, officials found guilty of withholding information are fined Tk50 per day up to a maximum of Tk5,000. The revised Section 27 increases this to Tk250 per day, capped at Tk25,000.

Besides, if it is proven that the information was withheld to cover up corruption or criminal acts, the fine will be compulsory.

Khadiza Tahera Boby, Deputy Secretary at the Ministry of Information and Broadcasting, said, “The law is being reviewed following the recommendations of the Public Administration Reform Commission. An inter-ministerial meeting has already been held, and opinions on the draft are currently being collected.”

She said public opinion will be accepted until 31 July, after which the process will be finalised and the revised law placed before Parliament.