My vague recollection is that in the Parliamentary debates surrounding this legislation, a Government spokesman made it clear that libraries that undertook their tasks professionally would not get caught up in actions under this part of the Act - but I'm sure there are others who can be more precise on this point.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Callan, Mark
Sent: 16 January 2008 19:57
To: [log in to unmask]
Subject: Re: Views sought on draft guidance for managing controversial material in public libraries
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 The draft guidance has, it seems to me, been well and wisely thought out.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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