Communications Liaison Officers Network (CLN) in 2021. The CLN is comprised of designated
communications liaison officers from different agencies responsible for preparing and providing
information to the press secretariat for dissemination.168
The Public Records Act 2011 which regulates the custody, control, management, preservation and use of
public records169 although it provides some access to public records, is still generally restrictive. For
example, unless approved by authority that a public record can be accessed early, all public records can
only be accessed after the passage of 25 years.170 In general, the Public Records Act is limited in scope to
enable the effective and efficient flow and exchange of official information between the public and public
bodies.
Despite these practices and processes, a robust system for free flow of information between the
government and the public is required.171 The development of a policy and/or law that provides for its
application will have many benefits including opening the way for the public to access official information
that was previously only privy to authorities, allow people to stay informed, and benefit the media
industry as it enables publications on government work that would otherwise be outside public scrutiny.172
Such law will also improve accountability between governments and the governed, strengthen
public institutions against abuse of power and improve use of national resources.173
Unless is it legitimate to withhold information for reasons such as likely prejudice to security and
maintenance of the law, endanger the safety of any person, or cause serious damage to the economy174
– it is crucial that official information is made available. Considerations of the right to privacy for instance
must also be a key consideration when sharing information.
Any information that is within the public interest to know must not be perceived as private property by
those who are in possession of it. Some media groups expressed that there is a misinformed perception
among those who hold or in possession of official information that such information is private property
and only they are privy to it.175 Furthermore, most official information is classified confidential despite it
being information that the public should be made aware of.176 This creates a barrier for accessibility and
inhibits the ability of reporters to report effectively. It also impacts readers who will not be kept up to
date on issues and government policies that affect them.177 This can further create issues of lack of
transparency and accountability.178
168
MPMC written submission.
“Public Record” means any Record made and kept, or received and kept, by any person in the course of the exercise of any official
functions of a Public Entity, or for any purpose relating to a Public Entity, or for the use of by a Public Entity, and for the avoidance of any
doubt, includes any Records which were created prior to the commencement of this Act – section 2, Public Records Act 2011.
170 See Part 8, Public Records Act 2011.
171 Talamua written submission. Samoa Observer written submission.
172 Samoa Observer written submission.
173 Talamua written submission.
174 See for example, New Zealand Official Information Act 1982.
175 Samoa Observer written submission.
176 Talamua written submission.
177 Samoa Observer written submission.
178 Talamua written submission.
169
State of Human Rights Report 2021
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