Academic libraries and access to objectionable material

1
Academic libraries and access to objectionable
material

• Alex Byrne

2
Academic libraries and access to objectionable
material

• Universities and libraries
• UTS policies and procedures
• What is objectionable material?
• Knowledge of the law
• Library and information ethics
• How do we manage?

3
Universities and libraries

• Freedom of inquiry is at the core of
  universities
• The University of Technology, Sydney is committed
  to freedom of inquiry, equality of opportunity,
  the pursuit of excellence in teaching, research
  and scholarship, and interaction with the
  professions
• UTSCalendar 2004 http//www.uts.edu.au/div/public
  ations/cal/intro.html
• Freedom of access to information is at the core
  of libraries
• IFLA asserts that a commitment to intellectual
  freedom is a core responsibility of the library
  and information profession worldwide, expressed
  through codes of ethics and demonstrated through
  practice
• The Glasgow Declaration on Libraries, Information
  Services and Intellectual Freedom
  http//www.ifla.org/faife/policy/iflastat/gldeclar
  -e.html

4
UTS policies and procedures

• UTS Code of Conduct
• http//www.uts.edu.au/div/hru/policy/7_3.pdf
• Acceptable Use of Information Technology
  Facilities
• http//www.uts.edu.au/div/publications/policies/se
  lect/itfacilities.html
• UTS Policy on the Prevention of Harassment
• UTS Policy on Handling Staff Grievances
• UTS Equal Opportunity Statement
• University Rules
• UTS Disciplinary policies
• Disciplinary provisions in the support and
  academic staff enterprise agreements
• Privacy of Student Records policy
• Intellectual Property policy
• Information Technology Security policy
• Corporate Records policies

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Acceptable Use of Information Technology
Facilities

• Objectives
• The University communications network and all
  computing devices are provided for the purpose of
  teaching, learning, research, professional
  development and administration. This policy
  informs users of their rights and
  responsibilities in relation to their use of this
  technology. It applies to all users of the
  University's information technology (IT)
  facilities and is consistent with the provision
  of an environment that respects freedom of
  inquiry and expression, privacy and
  confidentiality, the law and due process.

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Acceptable Use of Information Technology
Facilities (cont)

• A. Ethical use
• B. Socially responsible use
• Users must ensure that their use of the
  University's facilities is socially responsible.
  In particular Commonwealth and State Laws and
  University policy prohibit harassment and
  discrimination, vilification or victimisation on
  grounds such as race, gender, religious belief,
  political conviction, sexual preference, or
  disability.
• University IT facilities must not be used to
  humiliate, intimidate or offend others
  particularly on the basis of any attribute
  prescribed under these laws and policies. This
  includes the sending of offensive emails,
  displaying inappropriate screen saver images and
  accessing inappropriate material, which may
  inadvertently be observed by others. Pornography
  and other material that can cause offence to
  others may not be accessed, held or displayed on
  any IT facilities at UTS except as is necessary
  to accommodate legitimate research or study needs
  

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Acceptable Use of Information Technology
Facilities (cont)

• C. Legal use
• Users must ensure their use of the IT facilities
  complies with all relevant Federal and State
  legislation as well as all University statutes
  and regulations. Illegal activities may include
• Creation, possession or distribution of illegal
  pornography (eg child pornography)
• D. Academic standards of conduct
• E. Competent Use
• F. Efficient use

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What is objectionable material?

• Of the many definitions perhaps the most apt is
• "I know it when I see it"
• Former US Supreme Court Justice Potter Stewart in
  Jacobellis v. Ohio, 378 U.S. 184, 197 (1964)
  (concurring opinion)

9
Some relevant and related legislation

• Telecommunications Act (Cwealth) 1997 and
  associated Acts
• Broadcasting Services (Cwealth) Act 1992 and
  associated Acts
• Commonwealth Classification (Publications, Films
  and Computer Games) Act 1995
• Crimes Act (Cwealth) 1914
• Crimes Act (NSW) 1900
• Privacy and Personal Information Protection Act
  (NSW) 1998
• State and federal anti-discrimination legislation
• See AUSTLII for the full acts -
  http//www.austlii.edu.au

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Knowledge of the law

• Australias classification (ie censorship)
  regime
• Commonwealth Classification (Publications, Films
  and Computer Games) Act 1995
• Crimes relating to child pornography
• NSW CRIMES ACT 1900
• 578B. Possession of child pornography
• 578C. Publishing child pornography and indecent
  articles
• Control of Internet content
• Commonwealth Broadcasting Services Amendment
  (Online Services) Act

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NSW CRIMES ACT 1900 - SECT 578B

• Possession of child pornography
• (1) In this section "child pornography" means a
  film, publication or computer game classified RC,
  or an unclassified film, publication or computer
  game that would, if classified, be classified RC,
  on the basis that it describes or depicts, in a
  way that is likely to cause offence to a
  reasonable adult, a person (whether or not
  engaged in sexual activity) who is a child under
  16 or who looks like a child under 16.
• (2) A person who has in his or her possession any
  child pornography is guilty of an offence.
  Maximum penalty 100 penalty units or
  imprisonment for 2 years (or both).

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NSW CRIMES ACT 1900 - SECT 578B (cont)

• (5) It is a defence to a prosecution under this
  section to prove
• (a) that the defendant did not know, or could not
  reasonably be expected to have known, that the
  film, publication or computer game concerned is
  or contains pornographic material involving a
  child under 16, or
• (b) that the person depicted in the material was
  of or above the age of 16 at the time when the
  film, computer game or publication was made,
  taken, produced or published.

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NSW CRIMES ACT 1900 - SECT 578C (cont)

• 578C Publishing child pornography and indecent
  articles
• (1) In this section "article" includes any
  thing (a) that contains or embodies matter to be
  read or looked at, or (b) that is to be looked
  at, or (c) that is a record, or (d) that can be
  used, either alone or as one of a set, for the
  production or manufacture of any thing referred
  to in paragraphs (a), (b) or (c)

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NSW CRIMES ACT 1900 - SECT 578C (cont)

• "publish" includes (a) distribute, disseminate,
  circulate, deliver, exhibit, lend for gain,
  exchange, barter, sell, offer for sale, let on
  hire or offer to let on hire, or (b) have in
  possession or custody, or under control, for the
  purpose of doing an act referred to in paragraph
  (a), or (c) print, photograph or make in any
  other manner (whether of the same or of a
  different kind or nature) for the purpose of
  doing such an act.
• "record" means a gramophone record or a wire or
  tape, or a film, and any other thing of the same
  or of a different kind or nature, on which is
  recorded a sound or picture and from which, with
  the aid of a suitable apparatus, the sound or
  picture can be produced (whether or not it is in
  a distorted or altered form).

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NSW CRIMES ACT 1900 - SECT 578C (cont)

• (2) A person who publishes an indecent article
  (other than an indecent article that is child
  pornography) is guilty of an offence.
• Maximum penalty in the case of an individual100
  penalty units or imprisonment for 12 months (or
  both), and in the case of a corporation200
  penalty units.
• (2A) A person who publishes an indecent article
  that is child pornography is guilty of an
  offence.
• Maximum penalty in the case of an
  individual1,000 penalty units or imprisonment
  for 5 years (or both), or in the case of a
  corporation2,000 penalty units.

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NSW CRIMES ACT 1900 - SECT 578C (cont)

• (4) For the purposes of this section, an article
  may be indecent even though part of it is not
  indecent.
• (6) In any proceedings for an offence under this
  section in which indecency is in issue, the
  opinion of an expert as to whether or not an
  article has any merit in the field of literature,
  art, medicine or science (and if so, the nature
  and extent of that merit) is admissible as
  evidence.

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NSW CRIMES ACT 1900 - SECT 578C (cont)

• (7) If a corporation contravenes, whether by act
  or omission, another provision of this section,
  each person who is a director of the corporation
  or who is concerned in the management of the
  corporation is taken to have contravened the
  provision if the person knowingly authorised or
  permitted the contravention.
• (8) A person may be proceeded against and
  convicted under a provision pursuant to
  subsection (7) whether or not the corporation has
  been proceeded against or been convicted under
  that provision.

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BROADCASTING SERVICES ACT 1992

• Three component scheme
• schedule 5to BSA 1992 regulates Internet service
  providers and Internet content hosts
• State/Territory laws and section 85ZE of the
  Commonwealth Crimes Act 1914 that impose
  obligations on
• (i) producers of content and
• (ii) persons who upload or access content
• non-legislative initiatives directed towards
• (a) monitoring content on the Internet and
• (b) educating and advising the public about
  content on the Internet.

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BROADCASTING SERVICES ACT 1992 (cont)

• Internet content hosted in Australia is
  prohibited content if
• (a) the content has been classified RC (Refused
  Classification) or X by the Classification Board
  or
• (b) the content has been classified R by the
  Classification Board and access to the content is
  not subject to a restricted access system.
• Internet content hosted outside Australia is
  prohibited content if the Internet content has
  been classified RC (Refused Classification) or X
  by the Classification Board.
• Internet content is potential prohibited content
  if the content has not been classified by the
  Classification Board, but if it were to be
  classified, there is a substantial likelihood
  that the content would be prohibited content.

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BROADCASTING SERVICES ACT 1992 (cont)

• A person may complain to the ABA about prohibited
  content or potential prohibited content on the
  Internet, and the ABA must investigate the
  complaint.
• If the ABA is satisfied that Internet content
  hosted in Australia is potential prohibited
  content, and is likely to be classified RC or X,
  the ABA must
• (a) request the Classification Board to classify
  the content and
• (b) give the relevant Internet content host an
  interim take-down notice directing the host not
  to host the content pending the classification of
  the content.
• If the ABA is satisfied that Internet content
  hosted in Australia is prohibited content, the
  ABA must give the relevant Internet content host
  a final take-down notice directing the host not
  to host the prohibited content.

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BROADCASTING SERVICES ACT 1992 (cont)

• If the ABA is satisfied that Internet content
  hosted outside Australia is prohibited content or
  potential prohibited content, the ABA must
• (a) if the ABA considers that the content is of a
  sufficiently serious nature to warrant referral
  to a law enforcement agency notify the content
  to an Australian police force and
• b) notify the content to Internet service
  providers so that the providers can deal with the
  content in accordance with procedures specified
  in an industry code or industry standard (for
  example, procedures for the filtering, by
  technical means, of such content).

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COMMONWEALTH CRIMES ACT 1914 - SECT 85ZK

• Equipment used for unlawful purposes etc.
• (1) A person shall not
• (a) connect equipment to a telecommunications
  network with the intention of using it in, or in
  relation to, the commission of an offence against
  a law of the Commonwealth or of a State or
  Territory or
• (b) use equipment connected to a
  telecommunications network in, or in relation to,
  the commission of such an offence. Penalty
  Imprisonment for 5 years.
• Also includes sections relating to investigation,
  seizure of equipment, etc.

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Non-legislative initiatives

• NetAlert was established in late 1999 by the
  Australian government to provide independent
  advice and education on managing access to online
  content. Its roles include
• providing users with sensible, helpful and
  reliable advice and information about potential
  problems, dangers and threats present on the
  Internet and ways in which users can act to
  minimise or avoid these problems
• developing and promoting information on existing
  technological solutions that assist users and the
  Internet industry to better manage Internet
  content
• http//www.netalert.net.au/

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Statements of library and information ethics

• The Glasgow Declaration on Libraries, Information
  Services and Intellectual Freedom
• The IFLA Internet Manifesto
• ALIA Statement on free access to information
• ALIA Statement on online content regulation

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The Glasgow Declaration on Libraries, Information
Services and Intellectual Freedom

• IFLA proclaims the fundamental right of human
  beings both to access and to express information
  without restriction.
• IFLA asserts that a commitment to intellectual
  freedom is a core responsibility of the library
  and information profession worldwide, expressed
  through codes of ethics and demonstrated through
  practice.
• Libraries and information services contribute
  to the development and maintenance of
  intellectual freedom and help to safeguard
  democratic values and universal civil rights.
  Consequently, they are committed to offering
  their clients access to relevant resources and
  services without restriction and to opposing any
  form of censorship.
• Libraries and information services shall acquire,
  preserve and make available the widest variety of
  materials, reflecting the plurality and diversity
  of society. The selection and availability of
  library materials and services shall be governed
  by professional considerations and not by
  political, moral and religious views.

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The Glasgow Declaration on Libraries, Information
Services and Intellectual Freedom (cont)

• Libraries and information services shall make
  materials, facilities and services equally
  accessible to all users. There shall be no
  discrimination for any reason including race,
  national or ethnic origin, gender or sexual
  preference, age, disability, religion, or
  political beliefs.
• Libraries and information services shall protect
  each user's right to privacy and confidentiality
  with respect to information sought or received
  and resources consulted, borrowed, acquired or
  transmitted.
• http//www.ifla.org/faife/policy/iflastat/gldeclar
  -e.html

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ALIA Statement on free access to information

• Principle Freedom can be protected in a
  democratic society only if its citizens have
  unrestricted access to information and ideas.
• Statement
• At the institutional level, library and
  information services are expected to encourage
  the free flow of information and ideas within the
  scope of their roles and responsibilities.
• library and information services have
  particular responsibilities in supporting and
  sustaining the free flow of information and ideas
  including

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ALIA Statement on free access to information
(cont)

• asserting the equal and equitable rights of
  citizens to information regardless of age, race,
  gender, religion, disability, cultural identity,
  language, socioeconomic status, lifestyle choice,
  political allegiance or social viewpoint
• adopting an inclusive approach in developing and
  implementing policies regarding access to
  information and ideas that are relevant to the
  library and information service concerned,
  irrespective of the controversial nature of the
  information or ideas
• protecting the confidential relationships that
  exist between the library and information service
  and its clients
• resisting attempts by individuals or groups
  within their communities to restrict access to
  information and ideas while at the same time
  recognising that powers of censorship are legally
  vested in state and federal governments
• http//www.alia.org.au/policies/free.access.html

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How do we manage?

• Know University policies and procedures
• Have a good understanding of the law
• Have a good understanding of library and
  information ethics
• Highlight principles
• Freedom of inquiry
• Freedom of access to information
• Privacy and confidentiality
• Non discrimination
• Avoidance of harassment
• Respect the law
• Put our own attitudes to one side

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How do we manage?

• Emphasise the interests of our clients and
  respect their privacy
• Promote good sources of information
• Scholarly books, journals, databases, etc
• Guides to the literature in each discipline
• Assist clients to develop skills in finding and
  assessing information ie information literacy
• Share our experiences and responses by recording
  FAQs framed in accordance with the considerations
  and principles outlined in this presentation.

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Dealing with complaints

• The usual guidelines apply
• Treat clients respectfully
• Dont make assumptions about their activities or
  interests
• Dont spy on them
• If one client is complaining about material on
  the machine being used by another try to resolve
  it by getting one or both to move.
• If you feel uncomfortable about helping someone
  with some activity or material ask a colleague to
  take over or refer it to a supervisor

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And when we think theres a problem

• Consult supervisors or managers early if we
  should have any concerns
• Do not discuss the matter widely inside or
  outside the Library because this might affect any
  subsequent action
• Do not interfere with equipment or resources
  which might be required for evidence
• Ensure that any suspected illegal activity is
  reported immediately to University Librarian or
  one of the Directors who will take appropriate
  action