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6 February 2002
Standing Committee on Social Issues Classification (Publications, Films And Computer Games) Enforcement Amendment Bill 2001The Australian Library and Information Association (ALIA) is the professional association for the library and information sector. ALIA represents 6000 personal members, 900 institutional members and 10 million library users. ALIA is grateful for being given the opportunity to provide input on the Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2001. ALIA is aware that content classification is a difficult area and supports the referral of this proposed legislation to the Committee. The Association had previously made representation to the Attorney General on this proposed legislation. ALIA would like to comment on the following aspects of the Bill. Model provisionsIn 1999 ALIA was approached by the ACT Government to comment on 'model provisions' for State and Territory Classification Acts. The intended purpose was to establish a classification regime that was uniform and consistent across all Australian jurisdictions. As New South Wales is only the second State to act on the 'model provisions' ALIA is concerned that this Bill, like the South Australian Bill, has the potential to complicate rather than simplify classification jurisdictional anomalies. The Association believes that in considering this Bill the New South Wales Government has the opportunity to take up the intent of the model provisions and promote a regime that is uniform and consistent across all Australian jurisdictions. Classification of online contentThe Office of Film and Literature Classification (OFLC) is currently reviewing the film and computer games classification guidelines and to date no recommendations have been made to the Federal Attorney General. In the meantime this Bill proposes to enact criminal law that relies on use of guidelines that are currently under review. The Association suggests that as the outcomes of the review may have an impact on this Bill it would be sensible to defer the Bill until the outcomes of the review can be taken into consideration. The role of librariesALIA's first Object is to promote the free flow of information and ideas in the interests of all Australians. ALIA believes it is critical that the Committee understands how the proposed legislation will affect every New South Wales library and the delivery of digital information to millions of library users. It is essential that a Bill such as the proposed legislation treats access to online and offline information equally and in doing so preserves the existing balance between commerce and the public interest. Internet and multimedia services are made available to the public as part of the Australian library and information sectors continuing commitment to the highest level of service to the community, including equitable access, intellectual and recreational freedom and the freedom of access to information. Libraries provide access to information and ideas and serve as a gateway to knowledge and culture. Library professionals have a responsibility to protect their users' freedom to read and to access information appropriate to their needs. Our concerns are that the classification of information is based on content and not form, that is, online and offline information is treated equally for classification purposes, and that classification is consistent across jurisdictions. Further, staff working in libraries should not be at risk of committing an offence by merely providing internet terminals for public use. Libraries are a major provider of access to and training for the internet. Yet there is little evidence within libraries of users complaining about exposure to illegal or unsuitable material. Libraries promote responsible use of electronic material by various means. These include consultation with community on internet use principles and guidelines, training so that users may have positive internet use experiences, and the requirement of acceptable user agreements from internet users in the library. Library professionals would be irresponsible if they maintained that filtering and blocking devices are solutions to the problems of offensive material on the internet. These devices can be evaded by content providers and by people seeking that information. At the same time such devices block useful and adult appropriate information. Freedom of access to information is essential to the democratic process and the social well being of the Australian community. The vast majority of content poses no problem. It is important, therefore, to keep the question of offensive sites in perspective and to ensure that regulation of online content does not have the unintended consequence of restricting access by the wider community to information that is not illegal in other forms. In summary, the Association recommends that:
Yours sincerely
Jennefer Nicholson NSW report: http://www.parliament.nsw.gov.au/prod/web/phweb.nsf/frames/committees?open&tab=committees
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