An urgent application by John Tonner and his businesses against YTS may have breached the Right To Information – RTI Act according to the legal advice provided to YTS.
YTS Counsel will seek to set aside the Court Order as it may have without due consideration breached YTS right to publish and circulate information that is of public interest.
YTS has received a copy of the orders today but has never been made aware of the hearing of the order.
There were 5 respondents and 4 applicants, however, 3 of the respondents named in the court order have nothing to do with ownership or management of YTS.
YTS will seek to set aside the Court Order and is more willing to enter a trial.
Julian Ligo from YTS says’s “YTS must test the system and how well it operates for its citizens. Given the fact we know the order has breached certain exemptions catered for by the Right To Information – RTI Act, we will be more willing to go to trial and prove this”
The Court order seeks to restrain YTS from posting anything related to the applicants, however, the RTI Act protects and ensures, publicity agencies can name private businesses that are involved with the Government, which ultimately means they and their businesses are of public interest.
The Court order is for YTS to delete all posts that relates to the Applicants and also immediately delete all publications on the YTS News Website.
The order also prohibits the respondents from making any more publications on all sites owned by YTS.
Julian Ligo from YTS says “We would prefer a trial because the evidence we have is perfect for a trial, and under oath, we will reveal all public servants names”
Under the RTI Act, Media has the right to publish names of private businesses involved with the Government.
Part 2 (6) of the RTI Act says ‘If a Government agency or a relevant private entity publishes information under subsection (5), by a Government agency or a private entity to which the information relates is to be treated as having complied with its obligation to publish under this Act.’
Ligo says ‘YTS wants a trial. We want John Tonner to be perfectly seated with his lawyers when we name everyone in the Public Sector involved with him and also provide evidence of what he has done”
‘There is a court order but YTS will release the first evidence as mandated by the RTI Act this week’ says Mr. Ligo ‘and we want Tonner’s lawyers to scrutinize this evidence and twist it and mold it as much as they want”
It is understood YTS will also file a complaint to have Mr. Tonner investigated to the Ombudsman Office.