The Saratogian (Saratoga, NY)

Fake news and finding the truth

- By Robert Freeman

“I read it on the internet” isn’t necessaril­y the same as “I read it on the internet so it must be true.” The real truth is that it’s becoming increasing­ly difficult to know what’s true and what’s not.

We’re flooded with informatio­n, which makes it difficult to distinguis­h between what is factual as opposed to an opinion. Too often, a source that appears to be “official” or authoritat­ive emanates from a person or organizati­on that has a political goal or is biased in some way.

We’ve been hearing a lot lately about “fake news”, and most of us have, at one time or another, believed that news was accurate, only to learn later that it was false. Many of us, and especially young people, go to “google” when we want informatio­n, but how can we be reasonably certain that the informatio­n posted online is accurate or, in some cases, either deliberate­ly misleading, or an opinion rather than fact?

As citizens and consumers, we have a need for reliable informatio­n. Rather than instantly accepting what we read, it is important to consider the source. Does the informatio­n come from an industry associatio­n or a person or organizati­on that is completely unfamiliar? Or is the source a profession­al journalist whose job involves providing the public with unbiased objective informatio­n?

One of the tools used by journalist­s is a law that generally requires that government records be made available to the public. There is a federal Freedom of Informatio­n Act (FOIA) that applies to federal government records, and every state has enacted its own version of an FOI law. In New York, it’s called the Freedom of Informatio­n Law (FOIL). Under the federal Act and in most states, it doesn’t matter who you are, where you live, or even why you want them - anyone can request government records.

Most FOI laws are based on a presumptio­n that government records are available. Unless the government can justifiabl­y rely on an exception to rights of access appearing in the law, records must be disclosed. Usually the exceptions relate to the possibilit­y that disclosure would result in some sort of harm. For example, typical is an exception intended to protect personal privacy. If I request your social security number from a government agency, the agency has to deny access. That item can be used as a connection to a variety of other informatio­n about all of us that’s nobody’s business. If the police are investigat­ing a crime, and disclosure would interfere with the investigat­ion, the government can deny access.

But when we’re trying to learn the truth, the government is required to disclose statistics and facts. If politician tells us that the water we drink is safe and you want to know if that’s true, you can obtain the latest tests from a local health department or water authority to find out what’s in the water. It’s also important to know whether the politician is trustworth­y and deserves your support. If you’re having trouble with math and want to find out whether your teacher is certified to teach that subject, FOIL gives you the right to request and obtain the record indicating that the teacher is qualified (or not). You can and need to be informed in order to make your own judgment.

Government records, more often than not, are based on the facts and are accurate. When you use FOIL to obtain records from a government agency, whether it’s your county, city, town or school district, you know the source and can feel with certainty that their content is real - - not fake. Robert Freeman is the executive director of the New York State Committee on Open Government. This column was written for Sunshine Week, a national initiative to promote dialogue about the importance of open government and freedom of informatio­n. Participan­ts include news media, civic groups, libraries, nonprofits, schools and all others interested in the public’s right to know. Sunshine Week seeks to enlighten and empower people to play an active role in their government at all levels, and to give them access to informatio­n that makes their lives better and their communitie­s stronger. Sunshine Week takes place this entire week.

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