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FAFEN calls for legal reforms to strengthen KP Right to Information Act against disinformation

Islamabad:The Free and Fair Election Network (FAFEN) has urged targeted legal and institutional reforms to make Khyber Pakhtunkhwa's Right to Information framework more effective in promoting transparency and countering disinformation.

In a policy brief titled 'From Pioneer to Performer: Making Khyber Pakhtunkhwa's Right to Information Act Work Against Disinformation,' FAFEN called on the Provincial Assembly of Khyber Pakhtunkhwa and the provincial government to initiate reforms aimed at strengthening the Khyber Pakhtunkhwa Right to Information Act, 2013.

The recommendations form part of FAFEN's campaign, 'Countering Disinformation through Reliable Government Information,' which stresses that proactive and accessible disclosure of official information is the most effective response to disinformation.

According to FAFEN, Khyber Pakhtunkhwa was the first province in Pakistan to enact a right to information law following the inclusion of Article 19A in the Constitution through the Eighteenth Constitutional Amendment. However, an assessment conducted in 2025 found that 190 provincial public bodies disclosed, on average, only 57 percent of the information legally required to be published on their websites.

The policy brief identifies several weaknesses in the existing law, including ambiguities in definitions, weak enforcement of disclosure requirements, and the absence of standardized formats for publishing information. It also highlights institutional challenges affecting the independence and effectiveness of the Khyber Pakhtunkhwa Information Commission.

To address these shortcomings, FAFEN has proposed expanding the definition of 'public body' to include private and non-governmental organizations receiving public funds through subsidies, tax concessions, or government contracts. It also recommends broadening the legal definition of information to include digital and machine-readable records, while ensuring citizens can inspect documents, obtain certified copies, and receive information electronically.

The organization further called for measures to strengthen the independence of the Information Commission, including granting it authority to inspect records, issue binding directives on information disclosure, and oversee compliance with transparency requirements.

FAFEN also proposed the creation of a dedicated Khyber Pakhtunkhwa Right to Information Fund to enhance the Commission's financial autonomy, with annual audits conducted by the Auditor General of Pakistan and reports submitted to the Provincial Assembly and the Public Accounts Committee.

Emphasizing the importance of technology, the policy brief recommends digital tracking of information requests, SMS and email notifications for applicants, development of a mobile application, and the introduction of virtual hearings.

The brief also advocates mandatory standardized disclosure formats for different categories of public bodies to improve consistency, accessibility, and public accountability across government institutions.