ALIA submission to the review of the operation of Schedule 5 to the Broadcasting Services Act 1992

15 November 2002

Manager, broadcasting and online content
Department of Communications, Information Technology and the Arts
GPO Box 2154
Canberra ACT 2600

A review of the operation of Schedule 5 to the Broadcasting Services Act 1992

Submission by the Australian Library and Information Association

Introduction

The Australian Library and Information Association (ALIA) welcomes the opportunity to participate in the review of the operation of Schedule 5 to the Broadcasting Services Act 1992. ALIA is the professional association for the library and information sector. The Association represents over 5000 personal members, 1000 institutional members and 10 million library and information services users. In recent years ALIA has been party to many of the government initiated inquiries and public forums concerning regulation of internet content.

This submission focuses on ALIA's members as providers of access to the internet and the operation of the regulatory scheme. It includes preliminary information from a survey being conducted by the Association and comments on issues relating to filtering technologies.

ALIA statement on online content regulation

Members of the Association are committed to the principle of freedom of access to information. The Association's policy relating to the regulation of internet content is expressed in the statement on online content regulation adopted by the ALIA Board of Directors in August 2002.

Response by libraries and information services

Australian libraries and information services are active providers of access to the internet. In June 2000 there were 2832 internet workstations in local government libraries, an increase of 242% since June 1997 [Public Libraries, Australian Bureau of Statistics, 2001]. The numbers of workstations and online services have continued to grow. Internet connectivity in public libraries has benefited from federal government initiatives such as Networking the Nation and state government programs. Libraries have become key players in addressing the need for equitable access to online resources. They have become a location for internet training, a resource for electronic access and providers of valuable online content.

The picture of community demand for online services, the ways in which libraries are delivering online resources and services and recommendations for enhancing and improving these services can be seen in the submissions from ALIA and many other organisations and individual libraries to the current Senate Inquiry into the Role of Libraries in the Online Environment.

Survey of internet access in public libraries

To collect data on the ways in which libraries are providing public access to the internet and are managing their internet services the Association is currently conducting a survey of its public library institutional members. The survey sample includes local government libraries throughout Australia, state and territory libraries and the National Library of Australia. The survey covers areas such as internet use policies, community education and training, complaints from users about internet content, internet filters and children's use of the internet in libraries. The full results and report of the survey are not yet available but preliminary information from the survey pilot and survey responses received to date indicates:

• Only a very small number of libraries do not have internet use policies
• Internet services are very popular and heavily used. For example, in a small library with two internet terminals 44 people per week on average access the internet and in a large public library network 3200 people use the internet service each week. To meet demand most libraries operate booking systems and impose time restrictions on use.
• Almost all libraries provide community education in the use of the internet. Educational programs include training courses, subject and searching guides, links to online guides and one-on-one instruction for new users. Many libraries provide programs especially for children and/or parents.
• The number of complaints about internet content is low. About half the libraries surveyed have received complaints about internet content and had received between one and ten complaints in the past 12 months. Almost all complaints concerned material that was sexually explicit. It appears that complaints are dealt with satisfactorily through existing library complaints mechanisms. The ABA has advised that they have received inquiries about the legislation from libraries and library users, but no complaints.
• There is some awareness of NetAlert among public libraries, but indications are that it is not widely used or promoted by them.
• Around 15% of libraries are either using or trialling filters or have blocked specific sites.
• About half the libraries surveyed have web sites for children and young adults that link to material especially recommended for them. About 10 per cent of libraries have separate terminals for children.
• Many libraries require parental consent for children to use the internet and some of these libraries require a parent to be present with children using the internet.

The completed survey report will be forwarded to the review as soon as possible.

Guidelines for libraries

The Association has developed guidelines for library and information professionals concerning the regulatory framework for their internet access services.

We advise that library and information professionals should understand the legal framework, risk and potential remedies for the provision of internet services.

ALIA encourages libraries to:

• offer internet access with the fewest possible restrictions
• incorporate internet use principles into overall policies on access to library resources
• have user behaviour policies and to publicise these policies widely
• create library web pages that point to appropriately reviewed sites both for general use and for use by children.

We believe that library and information services should take an active role in educating their publics about intellectual freedom principles and the shared responsibilities of libraries, information services, and the community in facilitating access to resources in various forms of media including the internet.

Use policies

ALIA encourages libraries to implement a written internet user policy. This policy should be in keeping with the library's other access policies and community needs.

To support the policy libraries can:

• take an active role in educating the community
• consider putting time restrictions on the use of a terminal
• make the internet use internet policy readily available to the public
• develop a web page with links to quality sites that can be reviewed and updated regularly by library staff

The policy should state clearly that users are responsible for what they access online. Internet users should be reminded that:

• not all material on the internet is complete, accurate or up-to-date
• library workstations are not private or secure
• internet access should not be used for illegal activity, or to access illegal material

Children

There has been some community concern about the provision of internet services in public libraries focused on the possibility of children having access to what many consider to be inappropriate content. ALIA supports the right and responsibility of parents to direct the use of the internet by their children. Parents who wish to limit or restrict the access by their children should personally oversee their use of the internet and other forms of electronic information.

In developing internet use policies libraries could consider:

• developing a web site for children and young adults that links to material especially recommended for them
• teaching children how to use the internet and to be critical users of information
• offering internet classes for parents, children and others
• providing information about and links to resources developed specifically as guides for Australian parents and children on safe internet use, such as NetAlert (http://www.netalert.net.au/) and the Australian families' guide to the internet (http://www.cybersmartkids.com.au/) developed by the ABA and the National Office for the Information Economy (NOIE).

Filters

There is a public perception that use of internet filtering software is a simple comprehensive solution to the problem. However, filtering technology varies in its effectiveness. Some products are known to block more than 20 per cent of sites with legal information that library users may find useful for school, work, health and other needs. Filters also do not fully protect children from objectionable material such as pornography or violence.

ALIA does not recommend the use of filtering technology. Rather, ALIA strongly encourages libraries to adopt and implement internet use policies that protect public access to information and promote a positive online experience. ALIA believes that the best and most reliable filter is a child's parent or guardian.

As an information resource for its members ALIA has produced an Analysis of the Broadcasting Services Amendment (Online Services) Act 1999.

Information literacy

The ALIA policy statement on information literacy for all Australians was adopted in October 2001.

ALIA's commitment to this policy has led, in conjunction with the National Office of the Information Economy and the National Library of Australia, to a research report on the development of a national coalition on information literacy. The report has identified the need for a broad based coalition drawn from key stakeholders from all levels of education and learning, the Australian Computer Society, key library groups and a watching brief through the Department of Education, Science and Training. ALIA is in the process of establishing an interim body to develop a comprehensive cross-sectoral approach to information literacy and information skills.

Filtering technologies

The Association notes the recent report on the effectiveness of internet filter software, based on an investigation by CSIRO for NetAlert and the Australian Broadcasting Authority. The principal finding of the report is that the products tested varied in their effectiveness in blocking offensive content and the extent to which they blocked inoffensive content. Commenting on the report, Professor David Flint, ABA Chairman, said that 'the software is not a substitute for good parenting practices'.

ALIA has been following with interest public debate in the United States of America concerning how to protect children from internet pornography without infringing free speech rights of adults. The American Library Association, American Civil Liberties Union and other groups have challenged the Children's Internet Protection Act, signed by President Clinton in 2000, that would require public libraries receiving federal technology funds to install filters on their computers or risk losing aid. A three-judge federal panel ruled that the legislation violates the US First Amendment because the crudeness of filtering technology means that sites on politics, health, science and other non-pornographic topics would be blocked. The three judges recommended less restrictive ways to control internet use such as requiring parental content or requiring a parent to be present when a child is using an unfiltered computer. The legislation will now be reviewed by the US Supreme Court. The case is United States v. American Library Association, 02-361 [see http://www.ala.org/cipa/cipatrial9.html].

These developments support the Association's stated views on the limitations of filtering technology in achieving the objectives of Schedule 5, and the fundamental right of all individuals to unrestricted access to information.

In summary, the Association believes that the practices adopted by its members in providing public access to the internet are responsible, educative and informative and offer users the opportunity to fulfil their information needs without restriction of access. There is no evidence of complaints being directed to the Australian Broadcasting Authority. This illustrates that the objectives underlying Schedule 5 of the Broadcasting Services Act 1992 - to restrict access to internet content that is likely to offend reasonable adults and protect children from internet content that is unsuitable for them - can be met without restricting individual users' rights of access to information.

Jennefer Nicholson
Executive director