Free and Fair Election Network (FAFEN) has called for targeted legal and institutional reforms to transform Khyber Pakhtunkhwa’s pioneering right to information framework into an effective mechanism for proactive disclosure and public accountability.
In a policy brief titled “From Pioneer to Performer: Making Khyber Pakhtunkhwa’s Right to Information Act Work Against Disinformation”, FAFEN urges the Provincial Assembly of Khyber Pakhtunkhwa and the provincial government to initiate a reform process to strengthen the Khyber Pakhtunkhwa Right to Information (KPRTI) Act, 2013. The policy brief is part of FAFEN’s “Countering Disinformation through Reliable Government Information” campaign, which emphasizes that the most effective response to disinformation is the proactive, enforced, and accessible publication of official information.
Khyber Pakhtunkhwa was the first province in Pakistan to enact a right to information law after the inclusion of Article 19A in the Constitution through the Eighteenth Constitutional Amendment. However, 12 years after the passage of the KPRTI Act, FAFEN’s 2025 assessment of 190 provincial public bodies’ websites found that public bodies on average proactively disclosed only 57 percent of the legally mandated information on their websites. Such information gaps create space for speculation, misrepresentation, and disinformation about government actions.
FAFEN’s review identifies several structural weaknesses in the KPRTI Act that contribute to these gaps. These include definitional ambiguities that limit the law’s coverage; weak enforcement of proactive disclosure obligations; and absence of standardised disclosure formats for public bodies. The brief also highlights institutional gaps affecting the independence and effectiveness of the Khyber Pakhtunkhwa Information Commission.
To address these gaps, FAFEN recommends amendments to strengthen the Act’s definitional framework by expanding the scope of “public body” to include all private and non-governmental organizations receiving public funds directly or through subsidies, tax concessions, or public contracts. The brief proposes that the legal definition of information should explicitly cover digital and machine-readable records, enable citizens to inspect works and documents, obtain certified copies, and receive information in electronic form.
FAFEN also recommends reforms to secure the independence and continuity of the Information Commission. The brief calls for empowering the Commission to conduct periodic inspections of public bodies’ records and issue binding instructions on record management, disclosure requirements, and timelines. It proposes the establishment of a dedicated Khyber Pakhtunkhwa Right to Information Fund to enhance the Commission’s financial independence, with annual accounts audited by the Auditor General of Pakistan and tabled before the Provincial Assembly and Public Accounts Committee.
Emphasizing the role of technology, FAFEN recommends introducing digital tracking of information requests, email or SMS notifications to applicants at each stage of processing, development of an RTI mobile application, and provision for virtual hearings.
The brief also calls for mandatory standardised disclosure formats tailored to different categories of public bodies. These formats should be developed by the Information Commission in consultation with public bodies, updated annually, and published on a central portal to improve consistency, usability, and comparability of public information.
Read complete policy brief “From Pioneer to Performer: Making Khyber Pakhtunkhwa’s Right to Information Act Work Against Disinformation” for detailed recommendations.
You may also read FAFEN recommendations to strengthen Federal RTI Framework │Punjab RTI Framework │ Sindh RTI Framework
For more information, you may contact us at 92-302-8112027.
