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UU
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Academic libraries and
access to objectionable
material
Alex Byrne
UTS:LIBRARY
Academic libraries and access to
objectionable material
• Universities and libraries
• UTS policies and procedures
• Knowledge of the law
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• What is objectionable material?
• Library and information ethics
• How do we manage?
UTS:LIBRARY
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
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– UTS:Calendar 2004
http://www.uts.edu.au/div/publications/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/gldeclare.html
UTS:LIBRARY
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
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–
http://www.uts.edu.au/div/publications/policies/select/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
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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)
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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
…
UTS:LIBRARY
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:
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– …
– 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:
– Former US Supreme Court Justice Potter Stewart in Jacobellis v.
Ohio, 378 U.S. 184, 197 (1964) (concurring opinion)
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"I know it when I see it"
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Some relevant and related legislation
• Telecommunications Act (C’wealth) 1997 and
associated Acts
• Broadcasting Services (C’wealth) Act 1992 and
associated Acts
• Commonwealth Classification (Publications,
Films and Computer Games) Act 1995
• Crimes Act (C’wealth) 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
• Australia’s classification (ie censorship) regime:
– Commonwealth Classification (Publications, Films and
Computer Games) Act 1995
– NSW CRIMES ACT 1900
• 578B. Possession of child pornography
• 578C. Publishing child pornography and indecent
articles
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• Crimes relating to child pornography:
• Control of Internet content:
– Commonwealth Broadcasting Services Amendment
(Online Services) Act
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NSW CRIMES ACT 1900 - SECT 578B
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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:
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– (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.
UTS:LIBRARY
NSW CRIMES ACT 1900 - SECT 578C (cont)
578C Publishing child pornography and indecent articles
• …
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• (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)
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• "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).
UTS:LIBRARY
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.
• (2A) A person who publishes an indecent article that is child
pornography is guilty of an offence.
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– Maximum penalty: in the case of an individual—100
penalty units or imprisonment for 12 months (or both), and
in the case of a corporation—200 penalty units.
– Maximum penalty: in the case of an individual—1,000
penalty units or imprisonment for 5 years (or both), or in
the case of a corporation—2,000 penalty units.
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NSW CRIMES ACT 1900 - SECT 578C (cont)
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• (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)
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• (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.
UTS:LIBRARY
BROADCASTING SERVICES ACT 1992
Three component scheme
2. 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
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1. schedule 5to BSA 1992 regulates Internet service
providers and Internet content hosts
3. non-legislative initiatives directed towards:
– (a) monitoring content on the Internet; and
– (b) educating and advising the public about content
on the Internet.
UTS:LIBRARY
• 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.
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BROADCASTING SERVICES ACT 1992 (cont)
• 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.
UTS:LIBRARY
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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 takedown 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.
UTS:LIBRARY
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:
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– (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).
UTS:LIBRARY
COMMONWEALTH CRIMES ACT 1914 SECT 85ZK
Equipment used for unlawful purposes etc.
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• (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
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• 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
• ALIA Statement on free access to information
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• The IFLA Internet Manifesto
• ALIA Statement on online content regulation
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• 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.
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The Glasgow Declaration on Libraries,
Information Services and Intellectual Freedom
• … 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)
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• 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.
• … library and information services have particular
responsibilities in supporting and sustaining the free flow of
information and ideas including:
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• 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.
UTS:LIBRARY
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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
UTS:LIBRARY
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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
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– 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
• 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.
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– Don’t make assumptions about their activities or interests
– Don’t spy on them
• 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 there’s a problem
• Consult supervisors or managers early if we
should have any concerns
• Do not interfere with equipment or resources
which might be required for evidence
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• Do not discuss the matter widely inside or outside
the Library because this might affect any
subsequent action
• Ensure that any suspected illegal activity is
reported immediately to University Librarian or
one of the Directors who will take appropriate
action