The document makes interesting reading. The draft guidance has, it seems
to me, been well and wisely thought out.
But parts of the appendix (concernng the relevant legislation) make
alarming reading:
"2.2.5 Collection of Information: Terrorism Act 2000 (section 58)
A person commits an offence if he:
(a) collects or makes a record of information of a kind likely to be
useful to a person committing or preparing an act of terrorism; or
(b) possesses a document or record containing information of that kind.
A "record" includes a photographic or electronic record.
Thus, a Librarian will commit the offence if such information is
collected or is in his possession. However, the Librarian has a defence
if he can prove that he has a reasonable excuse for his action or
possession (s.58(3)). Although "reasonable excuse" is not defined,
Librarians would be likely to rely on the defence if the information had
been collected/stocked inadvertently. It is not clear whether the
fulfilment of the general duty of library authorities (see section 2.1
above) would of itself amount to a "reasonable excuse". [...]
The punitive nature of the offence does not sit easily with the library
scenario. Nevertheless, Librarians and library authorities should take
pre-emptive precautions to ensure that information that is likely to be
useful to "terrorists" is not stocked."
Information stocked "inadvertently"? "Pre-emptive precautions"?
And if we compare this with section 2.2.3 Encouragement of Terrorism the
whole thing becomes Kafkaesque:
"It is irrelevant whether anyone is in fact encouraged or induced to
commit, prepare or instigate any terrorist act(s)/offence(s) (whether
general or otherwise) as a result of the statement. Therefore, as with
the dissemination offence, the focus is on the content, not whether a
terrorist act actually occurs."
How will we know in advance what someone else (and I don't mean the
"terrorist") will take to be encouraging of terrorism? Perhaps the best
advice is to stock no history, chemistry or physics texts (certainly no
flying manuals). Maps, too, should be regarded with suspicion. Train
timetables?
It is a mad world, my masters...
Mark Callan
-----Original Message-----
From: A general Library and Information Science list for news and
discussion. [mailto:[log in to unmask]] On Behalf Of Hanstock,
Terry
Sent: 16 January 2008 16:44
To: [log in to unmask]
Subject: Views sought on draft guidance for managing controversial
material in public libraries
This has appeared on the MLA website:
http://www.mla.gov.uk/resources/assets/C/controversial_material_12579.pd
f
Terry Hanstock
Liaison Librarian
Nottingham Trent University
Libraries & Learning Resources
The Boots Library
Goldsmith Street
NOTTINGHAM
NG1 5LS
0115 8482893
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