Preamble

The Library Association believes that "individuals should have the right to choose what information and ideas to receive and what not to receive, including that which others might find objectionable, without censorship". The right of access to information is essential for a civilised society and to enable citizens to exercise their democratic rights.

This commitment to the widest possible freedom in the dissemination of information is affirmed in The Library Association's statement on Intellectual Freedom and Censorship. Library and information services, and the people who work in them, play a vital role in creating the necessary conditions for freedom of access to information. This role is informed by the Association's statement on 'Information Access: a set of principles'.

Legal situation

In the UK we have no general right of access to information. Consequently, the role of the library and information service is essential to enable individuals to enjoy comprehensive access to the widest range of information.

Traditionally there have been no constitutionally protected rights guaranteeing freedom of access to information, a right to freedom of speech for example. However the Human Rights Act 1998 has incorporated the European Convention on Human Rights into domestic law. From 2 October 2000, every British citizen can take any organisation to a British court for breaching their rights. In particular, the right to privacy (Article 8) is considered to be one of the most sensitive areas - every citizen has the right to protection of family and private life. This has to be balanced against a right to freedom of expression (Article 10). Library and information services need to be informed about their responsibilities under this legislation and be aware that their policies may be subject to challenge.

Currently there is no obligation under UK or European law for library and information services to use filtering, blocking or rating technologies. Existing legislation proscribes the publication or distribution of obscene material and child pornography. These laws apply to the Internet and thus provide protection for libraries and their users.

Library Association 'Code of Professional Conduct'

Under their Code of Professional Conduct all Members of The Library Association are obliged to:

"facilitate the flow of information and ideas, and to protect and promote the rights of every individual to have free and equal access to sources of information without discrimination and within the limits of the law"; and "not divulge or permit to be divulged any materials, information or administrative record which has been entrusted to them in confidence, to any third party nor use such information without the prior consent of the client for any purpose other than that for which it was first obtained."

Duties and responsibilities

Before they provide Internet access and services for users, library and information services should have clear policy statements and guidelines in place. Such policies should make clear the duties and responsibilities of users by reminding them, for example, of their legal obligations and stating what constitutes acceptable use and behaviour in a library setting. Libraries should take care that their policy on acceptable use does not unnecessarily or unintentionally restrict the legitimate needs and interests of their users.

Policies should be displayed prominently either on screen at the beginning of a session or close to the Internet terminal. Where users are required to register for Internet access, they should be informed of any policy that is in force.

Confidentiality and privacy

Library and information services may decide to monitor Internet use to help them ensure that they are fulfilling their legal and other obligations. Any use of monitoring systems should be made clear to users. Monitoring may help to enforce policy and act as a deterrent to inappropriate or illegal use. The library and information service will need to ensure that this monitoring is not inconsistent with its legal obligation under data protection legislation and other safeguards of user confidentiality and privacy.

User education

User education is a pre-requisite for provision of Internet access in libraries. The programme should be broadly based to encompass all users, adults and children, and library and information staff, as well as teachers, elected representatives, governing bodies, law-enforcement agencies and other relevant bodies.

The library and information service has a key role in advising and assisting users to identify and select information resources. This can be achieved by facilitating access to Web sites that are reviewed by library staff. Libraries can also design and promote Web pages that meet users' needs and interests.

Children

The Library Association recognises that libraries need to address the concerns of staff, parents, teachers and those who work with children and perceive libraries as 'safe places' for children. This role has to be balanced against the professional duty of library services to meet the diverse needs and interests of all their users.

Library and information services have a duty of care to their users. In schools, library staff will be expected to share the in loco parentis responsibilities of the teachers and other staff. Public libraries do not share this type of responsibility, but this does not diminish their duty of care. Provision of Internet access to children in libraries is within the context of this role and therefore requires careful user education and a degree of supervision.

Whilst not endorsing the use of filtering technologies, The Library Association recognises that ultimately decisions on their use frequently rests with the governing body or local authority respectively.

Workplace libraries

Workplace librarians may find themselves with very varied levels of involvement in their organisations' decisions on internet provision, acceptable access, and the implications of misuse. They should be aware of the ethical and practical issues and the limitations of technical solutions, and should draw these to their employer's attention where appropriate.

Filtering and blocking software and liability

The use of filtering software may create an implied contract with library users that they will not be exposed to illegal or harmful material when using the Internet. In particular parents may believe that their children will not be able to access such material in a library. Such implied contracts cannot be fulfilled due to the technical limitations of the software and the fact that the decisions about what to restrict are in effect assigned to a third party. Library and information services may be legally liable under these circumstances.

© The Library Association 2000