Tag Archives: freedom of expression

Day for Universal Access to Information: Libraries, Freedom, and the US Law

Why US Courts consider public library as the “quintessential locus” of information in a free and democratic society.

By Tomas Lipinski (Professor, School of Information Studies, University of Wisconsin, Milwaukee)

Anyone following recent library developments is the United States is likely to have seen legislative efforts in various states to restrict access to LGBTQIA+ or Critical Race Theory-related content.

Yet these challenges often do not have success in court. In one recent case, a Texas court ordered initially-restricted content be restored [Little v Llano County, 2023 WL 2731089 (W.D. Tex.)], and in another, a new Arkansas law regulating content in public libraries was held unconstitutional [(Fayetteville Public Library v Crawford County Arkansas, 2023 WL 4845636 (W.D. Ark.)].

Why do courts protect a patron’s access to a wide variety of content in public libraries?  Such access is essential to a free and democratic population.  It is so essential that many courts have concluded that it is a Liberty Interest under the U.S. Constitution which cannot be deprived unless the requirements of Due Process are satisfied under the Fifth Amendment.[i]

As the Texas court observed: “First Amendment right to access to information in libraries, a right that applies to book removal decisions … many courts have held that access to public library books is a protected liberty interest created by the First Amendment.” Little v Llano County, 2023 WL 2731089, *8 (W.D. Tex.). The case is currently on appeal; Little v Llano County (23-50224, 5th Cir., April 4, 2023). Oral arguments were heard on June 7, 2023. A decision is expected this fall.[ii]

Texas court decided to “follow[] our many sister courts in holding that there is a protected liberty interest in access to information in a public library.” Id. at *9.[iii]

The nature of the public library Liberty Interest has solemn historical origins.: “Our founding fathers understood the necessity of public libraries for a well-functioning democracy.” Fayetteville Public Library v Crawford County Arkansas, 2023 WL 4845636, *3 (W.D. Ark.). Over time, the public library emerged as the prime source of the supply of information in society – and the legal protections that support libraries endure in our changing information society. “By 1956, Congress formally acknowledged the need for all citizens to have access to free, public libraries by enacting the Library Services Act, which authorized millions of dollars in federal funds to develop and improve rural libraries and fund traveling bookmobiles to serve rural communities. Through public libraries, free access to knowledge became possible for all Americans, regardless of geography or wealth.” Id.at *4 *footnote omitted). The Texas court observed similarly: “Silencing unpopular speech is contrary to the principles on which this country was founded and stymies our collective quest for truth.” Fayetteville Public Library v Crawford County Arkansas, 2023 WL 4845636, *5 (W.D. Ark.).

The Arkansas law used an “appropriateness” standard when considering challenges to library content, vested final authority for removal (and acquisitions) not with trained library professionals but with local officials, and removed the immunity for libraries from criminal prosecution for having library materials that are obscene or harmful to minors content. A public library belongs to the people, not the government that funds it.

The court commented that: “By virtue of its mission to provide the citizenry with access to a wide array of information, viewpoints, and content, the public library is decidedly not the state’s creature; it is the people’s.”  Fayetteville Public Library v Crawford County Arkansas, 2023 WL 4845636, *5 (W.D. Ark.).  “The State is wrong on all fronts, starting with its treatment of Pico. The Pico case [Board of Education, Island Trees Union School District No. 26 v. Pico, 457 U.S. 853 (1982)] does not stand for the proposition that there is no constitutional right to receive information.” Id. at *20.  The right to receive information is best accomplished through the free public library. As best said in the seminal Kreimer v. Bureau of Police for Town of Morristown, 958 F.2d 1242, 1255 (3d Cir. 1992) case: “Our review of the Supreme Court’s decisions confirms that the First Amendment does not merely prohibit the government from enacting laws that censor information, but additionally encompasses the positive right of public access to information and ideas. Pico [Board of Education, Island Trees Union School District No. 26 v. Pico, 457 U.S. 853 (1982)] signifies that, consistent with other First Amendment principles, the right to receive information is not unfettered and may give way to significant countervailing interests… this right… includes the right to some level of access to a public library, the quintessential locus of the receipt of information.”

On this day celebrating access to information, let us celebrate the critical role that our public libraries play in that achieving a free and open society.

[i] “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militi[i]a, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

[ii] The restricted content in the Texas case were the following titles: Caste: The Origins of Our Discontent by Isabel Wilkerson; Called Themselves the K.K.K: The Birth of an American Terrorist Group by Susan Campbell Bartoletti; Spinning by Tillie Walden; In the Night Kitchen by Maurice Sendak; It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health by Robie Harris; My Butt is So Noisy!, I Broke My Butt!, and I Need a New Butt! by Dawn McMillan; Larry the Farting Leprechaun, Gary the Goose and His Gas on the Loose, Freddie the Farting Snowman, and Harvey the Heart Has Too Many Farts by Jane Bexley; Being Jazz: My Life as a (Transgender) Teen by Jazz Jennings; Shine by Lauren Myracle; Under the Moon: A Catwoman Tale by Lauren Myracle; Gabi, a Girl in Pieces by Isabel Quintero; and Freakboy by Kristin Elizabeth Clark.

[iii] Other courts have come to similar conclusions: “The right of the public to use the public library is best characterized as a protected liberty interest created directly by the First Amendment. Since the right is not absolute, it can be lost for engaging in conduct inconsistent with the purpose of public libraries.”  Doyle v. Clark City Public Library, 2007 WL 2407051, *5 (S.D. Ohio) and Wayfield v. Town of Tisbury, 925 F. Supp. 880 (D. Mass 1996) (4-month suspension from public library without a hearing in response to a disruptive event): “this court finds that Wayfield states a sufficient claim to support a finding that the suspension of his access to the library was a deprivation of a ‘liberty or property right.’” Id. at 885.

 

The 10-Minute International Librarian #74: Think of a way in which you can promote intellectual freedom

Libraries have a clear commitment to promoting access to information as a key pre-condition for the fulfilment of the rights to education, research, culture, democratic participation and development in general.

We work to combat barriers to this access, linked not just to resources, but also to policies which may risk censoring content.

Yet access is only one part of the broader concept of intellectual freedom. This also includes the possibility to share information – freedom of expression.

Indeed, the ability to apply existing information and create new knowledge is arguably just a logical continuation of the possibility to access. It is also of course what guarantees that there will be new works in future.

Libraries therefore have a strong interest in promoting broader intellectual freedom, with many already seeing promoting creativity and expression as central to their mandates.

So for our 74th 10-Minute International Librarian Exercise, think of a way in which you can promote intellectual freedom.

What can you do, not just to help readers access materials which they wouldn’t otherwise be able to read, but then to draw on this information, to express themselves?

Is it a question of skills, or of confidence? Are there restrictions that are holding people back, and which need to be removed?

What platforms can you provide for people to think freely, and realise their potential?

Share your ideas in the comments box below.

Good luck!

 

This idea relates to the IFLA Strategy! Key Initiative 1.4: Shape public opinion and debate around open access and library values, including intellectual freedom and human rights

As we publish more ideas, you will be able to view these using the #10MinuteInternationalLibrarian tag on this blog, and of course on IFLA’s Ideas Store! Do also share your ideas in the comments box.

Dates for the diary: advocacy moments over the rest of 2021

A key challenge in advocating for libraries is that you can be working across a huge range of issues. Libraries are cultural, educational, scientific, and civic actors, all at once.

While this means that there are many situations in which libraries have a relevant contribution to make, it can also mean that it is hard to find a focus, or construct a programme of ongoing advocacy activities.

One thing that can help in this is to structure activities around key dates.

Sometimes, there is an important event, with major media interest, taking place. If you are ‘present’ – through social media, articles or op eds, or other tools – you can look particularly relevant for partners, as well as build awareness within the field.

At other times, a day has been declared to be an international observance, meaning that among global – and often national – institutions, there is a special focus on the relevant theme. By engaging, you can underline libraries’ relevance, as well as potentially build new partnerships.

This blog sets ot some key dates and observances between now and the end of 2021. You don’t need to plan something for each one of these of course, and you certainly don’t need to do anything big!

However, as above, even just by posting on social media, you can help show the connection between libraries and the major global issues these dates mark. And if you can do more, all the better!

In each case, there is also a note about IFLA’s own current plans.

8 September – International Literacy Day (link): a particularly relevant day for libraries, this is an opportunity to focus on showing our institutions’ contribution to building literacy (and literacies) at all ages. This year is focused in particular on closing the digital divide. Think about examples you can share that show how libraries help achieve the global commitment to driving universal literacy!

IFLA’s Literacy and Reading Section will be planning publications, and Headquarters will be sharing new research into how libraries feature in collected good practices. Hashtag: #LiteracyDay

15 September – International Day of Democracy (link): a great opportunity to set out how libraries are promoting healthy civic life and participation in decision-making, through everything from enabling parliaments to work effectively to facilitating access to open data, providing information literacy skills, and welcoming debates and discussions in the library. Hashtag: #Democracy

17-29 September – SDG Action Week (link): what is your library or association doing to deliver on the SDGs? Share it via the tools prepared for SDG Action Week by the UN-supported SDG Action Campaign. There are also lots of great tools for social media and beyond, helping you both to underline the need to deliver on the 2030 Agenda, and to show how libraries are making a difference! Hashtag: #Act4SDGs

26 September – 2 October – Banned Books Week (link (ALA) and link (Amnesty International USA)): the mission of libraries to provide access to the widest possible range of materials to their users does not sit well with censorship, be it offline or online. Banned Books Week is an opportunity to highlight the reality of restrictions on expression today and their impact, as well as to resist censorship.

IFLA’s Advisory Committee on Freedom of Access to Information and Freedom of Expression (FAIFE) will be involved, but take a look at the links to see what the American Library association and Amnesty International USA have planned. Hashtag: #BannedBooksWeek

28 September – International Day for the Universal Access to Information (link): only recently created as a UN-recognised day, the International Day for the Universal Access to Information grew out of work to promote rules on access to government information. It has since expanded to cover all information which can help people to develop.

This year, IFLA, through its regional office for Latin America and the Caribbean, is supporting this year’s celebrations by organising an official event in Buenos Aires. Follow this – and the other events – and use the day to highlight the importance of libraries’ work to provide access to information! Hashtag: #AccessToInfoDay

October – Urban October (link): starting with World Habitat Day on 4 October, and closing with World Cities Day on 31 October, Urban October is focused on the importance of working at the local and regional levels in order to deliver on development, led by UN HABITAT. There is a strong focus this year on climate change and climate resilience, with COP26 coming up (see below!). You can register events on the Urban October website also if you want to organise something! Hashtag: #UrbanOctober

24 October – World Development Information Day (link): this day is about the importance of sharing information in order to raise awareness of and interest in development challenges around the world. As such, it is a perfect opportunity for libraries to underline their own role in supporting learning and engagement in the wider world! IFLA will make posts on the day – you can also! Hashtag: to be announced

24-31 October – Global Media and Information Literacy Week (link): this is another recent addition to the UN calendar, but has been run by UNESCO already for a number of years with strong library engagement. IFLA will be looking to contribute to global events, and we encourage others to hold their own activities or gatherings in order to promote media and information literacy, and the role of libraries in delivering it. See already our save-the-date post! Hashtag: #GlobalMILWeek

27 October – World Day for Audiovisual Heritage (link): recognized by UNESCO, this is an opportunity to recognise the uniqueness and the importance of audiovisual heritage, what it brings to societies, and what is needed to safeguard it. IFLA will be marking the day, and we hope that libraries and associations working with it will join the effort to raise awareness to ensure audiovisual heritage gets the attention it deserves. Hashtag: #AudiovisualHeritage

1-12 November – COP26 (link): delayed from last year, this is a key meeting in delivering on the Paris Agreement on climate change, where governments and others will meet to discuss accelerating climate action. IFLA, as a member of the Climate Heritage Network, will be closely involved in underlining the role of culture and cultural institutions in progress. There is likely to be major attention to climate change issues during this time, and so it’s an important opportunity both to show what libraries can contribute, and to join wider calls for action! See our blogs about climate change, and the work of our Section on Environment, Sustainability and Libraries for more. Hashtag: #COP26, #ClimateHeritage

9-24 November – UNESCO General Conference (link): this is the major biennial meeting of UNESCO’s Member States, taking the opportunity to set the budget and the agenda of the organisation, as well as to discuss key current trends. With libraries engaged in many of UNESCO’s priorities, IFLA engages across a wide range of the Organisation’s work. In advance of the event, we will be encouraging members to get in touch with their UNESCO National Commissions in order to share library priorities. Find out more in our news piece about the Year of Creative Economy, and our guide to the 2005 Convention on Cultural Diversity. Hashtag: #UNESCO

6-10 December – Internet Governance Forum 2021 (link): the Internet Governance Forum (IGF) is an opportunity for governments, experts and stakeholders to talk about key issues in the way that the internet is run today, and what improvements could be made to support development. This is an area of major interest for libraries, both given our use of the internet to support access to information, and the relevance of our values in this space. You will be able to join (online or in person at this stage) to listen into the perspectives shared and issues raised – including a side-event on libraries! – or even look out for national IGF meetings. Hashtag: #IGF2021

10 December – Human Rights Day (link): while the theme of these year’s Human Rights Day is not yet known, this is always an opportunity to highlight the connection between the activities of libraries and the delivery of human rights for all. This of course includes the right of access to information, but also to education, privacy, culture and science. IFLA will be marking the day, working with our Advisory Committee on Freedom of Access to Information and Freedom of Expression – think about what you can do! Hashtag: #StandUp4Human Rights

The 10-Minute International Librarian #54: Think of a way in which your work supports creativity

This week, the Conference of the Parties of the UNESCO 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions takes place. IFLA will be observing, as well as taking an active role in today’s Civil Society Forum.

But delivering on the goal of the Convention – to encourage and support creativity by all, everywhere – is not just a question for international-level discussions.

Rather, it is something that requires mobilisation and engagement in every community.

Libraries have an important role to play here – arguably one that has often been underestimated.

Because while it can be easy to think of access to information being simply about making use of the works of other people, it is also a vital precondition for people to be able to create themselves.

Added to this are the possibilities libraries offer, through spaces, programming, and support, to encourage people to use their imaginations.

Around the world, we benefit from a stronger understanding of how libraries are key players in supporting creativity and innovation.

So for our 54th 10-Minute International Librarian exercise, think of a way in which your work supports creativity.

Once you have an idea, think about how you can explain it clearly, for example to a library user, an artist, or a decision-maker.

Are there other things you could do to support creativity among the community you serve?

Let us know your ideas in the comments below!

Good luck!

 

This idea relates to the IFLA Strategy! Key Initiative 1.1: Show the power of libraries in delivering the Sustainable Development Goals.

As we publish more ideas, you will be able to view these using the #10MinuteInternationalLibrarian tag on this blog, and of course on IFLA’s Ideas Store! Do also share your ideas in the comments box below.

Highlighting the Role of Libraries in Protection and Promotion of Diverse Cultural Expressions

2021 is the International Year of Creative Economy for Sustainable Development, and IFLA has been helping libraries identify where they fit in – and how they can advocate for their role.

The UNESCO 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions is an international framework in which Member States commit to promoting conditions that will allow creativity and the creative economy to thrive. You can learn more about this Convention with IFLA’s Get Into the 2005 Convention Guide.

We have examined some of the broader ways in which libraries open the door to cultural participation in a recent article. Key values upheld by libraries which allow cultural participation and protection include providing access to information, education, and lifelong learning opportunities, promoting digital, media and information literacy skills, and carrying out cultural heritage preservation.

Through our advocacy, which highlights how libraries connect their communities to all forms of cultural creation and participation, we can help build awareness of the important role of libraries in society. To do this effectively, there are four useful steps you can take:

  1. Set an advocacy goal
  2. Identify your audience
  3. Clarify your advocacy message and ask
  4. Provide examples that support your advocacy message

This article will walk you through these steps and suggest actions that you can take to advocate for the role of libraries role in cultural participation. You will be strongest working with your association if this exists, but of course contributions from individual libraries will add to this.

Step 1: Defining your Goal: Including Libraries in National Reporting

From the beginning, it is important to have an objective for your advocacy in mind. In this case, you will want to ensure that libraries and examples of relevant library programmes are included in your country’s next Period Report to the 2005 Convention on the Diversity of Cultural Expressions.

This document is a result of the fact that State Parties to the 2005 Convention are required to submit a report every four years. These reports detail the policies and measures they have put in place, as well as any challenges they have encountered.

These reports are an important way for civil society and other stakeholders to engage with government officials and demonstrate progress being made towards implementing the Convention. Find out more.

Periodic Reports in 2021 and 2022

The following countries will be preparing Period Reports in the next two years. Note that the 2021 deadline for State Parties to submit their report to UNESCO is 30 June.

2021: Afghanistan, Antigua and Barbuda, Australia, Belgium, Bosnia and Herzegovina, Colombia, Comoros, Dominican Republic, El Salvador, Grenada, Guyana, Iraq, Morocco, Netherlands, Nicaragua, Qatar, Saint Vincent and the Grenadines, Serbia, Turkey, Venezuela

2022: Azerbaijan, Bahamas, Czechia (Czech Republic), Democratic Republic of the Congo, Equatorial Guinea, Haiti, Honduras, Lesotho, Malawi, Republic of Korea, Trinidad and Tobago, Ukraine

Step 2: Identify your Target Audience: National Points of Contact

A next step in effective advocacy is to identity your audience – in particular who will take the critical decisions, and who might influence them.

In order to achieve the goal of including libraries in your country’s next periodic report, your main audience would be your country’s National Point of Contact for the 2005 Convention.

National Points of Contact

State Parties to the 2005 Convention have each designated a point of contact responsible for information-sharing with relevant Ministries and public agencies. These contact points gather information from both governmental and non-governmental sources and assist in the drafting of the quadrennial periodic reports.

Find your National Contact Point here.

You may also want to understand who can help you in convincing the national point of contact. These may be decision- and policymakers at the local or national level, institutions, civil society organisations, inter-governmental organisations, or other stakeholders. For example, are there specific libraries which could help, cultural associations which make strong use of libraries, or key journalists or thinkers?

 

Step 3: Clarify your Message and Ask: the Recognition of Libraries

With a clear goal and understanding of your target, you can then work out how to clearly state why your audience should consider libraries as important to their work (that is your message). This will be at the heart of your advocacy, in meetings, preparing blogs or articles, on social media and beyond.

You should also define clearly what you would like them to do, in order to make things simple for the decision-maker(s) (that is your ask).

You will want to define and draft these in a way (and a language) that is appropriate for your setting, but you can use the below as a starting point.

Message:

Libraries and their staff have a key role in preserving and providing the widest possible access to culture. They can foster an environment where diverse cultural expressions are encouraged, valued, shared, and protected – an environment in which a strong creative economy can thrive. Core values that the Convention upholds are also values that libraries champion and enable. These include freedom of information and expression, participatory democratic societies, linguistic diversity, the fundamental role of education, and recognition of the importance of the digital environment in education, creating and providing access to culture.

Ask:

That in preparation of the upcoming Periodic Report, the National Point of Contact considers including examples from your country’s libraries which demonstrate how libraries have had a role in implementing the 2005 Convention and addressing challenges.

 

Step 4: Provide Examples of Libraries Contributing to the Convention’s Goals

Backing up your message with a selection of examples from your experience and that of other libraries adds power to your advocacy.

In this case, it would be a good idea to align your library’s examples with the goals of the 2005 Convention. Finding examples that align with the four goals set out in the Convention can help make a strong case to your National Contact Point for their inclusion in the Report.  The reporting period is four years, so examples can come from within that time frame.

Goal 1: Support sustainable systems of governance for culture

This might include examples of programmes, initiatives, or services that:

  • Promote information and awareness-raising activities for the culture and creative sector
  • Build capacity and/or provide training for artists and cultural professionals
  • Give support to medium, small, or micro-enterprise creative industries, such as promoting local authors and publishers, making space for art marketplaces or hosting writers or artists in residence
  • Contribute to participatory decision-making regarding cultural policy, such as making spaces for dialogue with government authorities (i.e. meetings, working groups).
  • Support digital literacy and promotion of creativity and cultural content in the digital environmental (skills and competences, creative spaces, innovation, research and development, etc.)

Goal 2: Achieve a balanced flow of cultural goods and services and increase the mobility of artists and cultural professionals

This might include examples of programmes, initiatives, or services that:

  • Connect potential beneficiaries of mobility funds to related information resources or training services
  • Participate in writing and other arts residencies or cultural events like festivals that host travelling artists or cultural professionals – notably from developing countries
  • Celebrate potentially little-known works by a diverse range of writers and other creators

 

Goal 3: Integrate culture in sustainable development frameworks

This might include examples of programmes, initiatives, or services that:

  • Promote the inclusion of culture in sustainable development plans and strategies
  • Support or facilitate cultural programmes at the regional, urban and/or rural levels, especially community-based initiatives
  • Help to ensure the right to participation in cultural life and access to culture, especially addressing the needs of disadvantaged or vulnerable groups.

 

Goal 4: Promote human rights and fundamental freedoms

This might include examples of programmes, initiatives, or services that:

  • Raise awareness of the right to participate freely in cultural life
  • Support women’s full participation in cultural life
  • Collect and manage data related to gender equality in the cultural and creative sectors
  • Advocate for writers and other artists and take a stand against limits to artistic freedom of expression

Next Steps

When you are prepared with your advocacy message, ask, and examples – it is time to reach out to the contact person you have identified. You could use the below message as a template:

Dear Sir or Madam:

I am contacting you from [LIBRARY ASSOCIATION/LIBRARY], located in [CITY]. I have noted that our country is a State Party to the 2005 Convention for the Protection and Promotion of the Diversity of Cultural Expressions, and that you are due to submit a periodic report in [YEAR].

In order to best demonstrate the work within [COUNTRY] to protect and promote diverse cultural expressions, it would be beneficial to include the work that libraries have done in this area over the past four years.

Libraries and their staff have a key role in preserving and providing the widest possible access to culture. They can foster an environment where diverse cultural expressions are encouraged, valued, shared, and protected – an environment in which a strong creative economy can thrive. Core values that the Convention upholds are also values that libraries champion and enable. These include freedom of information and expression, participatory democratic societies, linguistic diversity, the fundamental role of education, and recognition of the importance of the digital environment in education, creating and providing access to culture.

Some examples from our country that impact on the goals of the 2005 Convention include:

[Goal number: List examples, be brief but specific. Provide links to more information if possible]

On behalf of [LIBRARY ASSOCIATION/LIBRARY], I hope that you will consider including these examples, as they contribute to the implementation of the 2005 Convention and showcase the dedication of the nation’s libraries to this work. I remain available to answer questions or provide additional information.

We can help!

Do not hesitate to reach out to IFLA for support in your advocacy. If you have examples in mind but would like further input or require addition support in crafting your advocacy approach – be in touch. We are happy to help.

Start by emailing: [email protected]

Rights and Restrictions: Are Library Values Being Respected During COVID-19?

The COVID-19 pandemic is having a huge impact on our lives, societies and economies. Millions have fallen ill, and billions have faced restrictions on their movements, with early evidence indicating serious economic consequences.

The next months will reveal more about how quickly it will be safe to lift the controls in place, and what the ‘new normal’ will look like. Beyond the measures based on scientific evidence, there will be crucial, more political, decisions to be made about the sort of world we want to build.

A key focus will be around the protection – and guarantees – offered for the political, economic, social and cultural rights of individuals and groups.

IFLA’s own statements on library values – the Public Library Manifesto, the Position on Intellectual Freedom, on Privacy in the Library Environment, on Net Neutrality, on Internet Shutdowns, on Public Legal Information in the Digital Age, on Fake News, and on Censorship – highlight not only libraries’ broader commitment to human rights and equality, but also a specific focus on access to information and education, the right to a private life and participation in political, economic, social and cultural life.

As this blog will set out, the COVID-19 pandemic has led governments to implement – or fail to implement – measures which raise serious concerns, in particular in fields where libraries are focused. It has also highlighted areas where certain groups are hit harder than others, violating the principle of equality. Finally, it has thrown light on subjects where it is necessary to find a balance between rights.

 

Direct Violations

A first category of issues is those where there is a clear violation of rights and library values at play, affecting everyone.

A crucial area where we have seen rights risk being unjustifiably undermined concerns privacy. With many people more reliant on the internet than ever, the need for those providing services need to respect private lives. For libraries, this is particularly true when it comes to providing access to digital services, including remote access to collections, eLearning, as well as more broadly for enforcing academic freedom.

Crucial to this is to give users a real choice over what data they do hand over, and under what conditions. Users need to be able to trust what they are told by companies, and need to have the opportunity to enforce privacy when they want. Where this is not the case, something is wrong.

For young people in particular, who may have fewer chances to choose, it cannot be acceptable to gather data by default during learning – a point also highlighted by UNICEF – while efforts to prevent cheating in exams should not be implemented without proper consideration of ethics. A similar point of course goes for checking up on employees working from home.

In the above cases, violations will primarily be committed by private actors. The role of government is to enforce rules that prevent these. However, there are also instances of direct violations by those in power.

An obvious example is in the steps that some have made to limit the rule of law. Detention without trial, closure of courts (or restriction of access), unjustified surveillance and refusal to allow for any democratic influence over when emergency powers are lifted are clearly all deeply troubling.

Emergency powers too, clearly, should not provide an excuse to take other decisions which are not urgent, or not related to the pandemic, without scrutiny or discussion – a point which can also apply to any organisation.

Similarly, it is unacceptable to fail to keep records of the decisions made during this period, which will be essential for future evaluation and accountability, as set out in the International Council on Archives’ statement. With libraries too having a key role in collecting, preserving and giving access to laws, this is a crucial point.

Finally, and also of high relevance to libraries is the impact of the crisis on the rights of access to education, research and culture. The shift to remote working has exposed the weakness of many copyright laws, which allow rightholders to impose restrictions on how digital works are used, overriding copyright exceptions set out in law.

While there have been many welcome efforts to change practices to allow for distance uses, it should not be the case that key rights – to education, to participate in cultural life, to benefit from scientific progress, and to access to information – should depend on private goodwill. As the Director General of the World Intellectual Property Organization has set out, extraordinary times can justify targeted adjustments to copyright laws in order to allow access to continue, a point also highlighted by Communia.

When governments or private actors take steps that affect the rights of whole populations, libraries and their users are inevitably affected. They are particularly hard-hit by failures to ensure that laws allow them to continue to fulfil their missions.

 

Unequal Treatment

A second category of issues where fundamental rights come into play is round unequal treatment. The pandemic has both triggered new forms of prejudice, and has shone a light on pre-existing inequalities in our societies. Here too, there is a pressing need for action.

A clear example are attacks on foreigners – or people of foreign descent – who risk being seen as somehow responsible for the disease. This form of open discrimination is clearly counter to the values of libraries, which act to serve people everywhere regardless of background or other factors.

While – fortunately – many governments have not sought to encourage such feelings, there is still a pressing need to act to promote tolerance. Clearly where governments are encouraging such sentiments – for example through the expulsion of journalists of certain nationalities – this should stop.

Secondly, plenty has already been written about the evidence that certain groups are more at risk than others of catching or dying from the disease itself. Those who are older, have specific conditions, or are in prison, as well as those for whom it simply isn’t possible to practice hygiene or social distancing, need help.

The impacts of restrictions imposed in response to the pandemic has also been uneven. People in insecure or informal work have often been among the first to lose their livelihoods, as well as those in sectors most badly affected. While some are lucky to live in countries where the government can step in to help, this is not the case for all.

Given libraries’ commitment to equality and equity, any situation where some groups end up worse off than others is troubling. Libraries have of course been working hard, around the world, to continue to support all parts of the communities they serve, even under current circumstances.

However, this has certainly been harder where digital solutions do not provide a response. Globally, nearly half of the world’s population is still not online. Some of these are subject to politically-motivated internet shutdowns. Of those who are, many still lack the speed of connectivity, or hardware, to make full use of the internet, leaving them on the wrong side of the digital divide.

As a result, due to the slow progress of efforts to ensure universal connectivity, some are less able to enjoy their right to education, research and culture than others. For example, statistics from Los Angeles County in the United States underline that 25% of students are not in a position to benefit from distance learning.

Libraries have of course been active in trying to address this. Efforts to boost connectivity have come through providing long-range WiFi, or lending hotspots and hardware. Programmes for developing digital skills are being rolled out. Physical deliveries of books and other materials – with maximum precautions taken for hygiene – are helping those who cannot come to the library continue to benefit from services.

Libraries are also active in promoting participation in exercises like the census in the United States, which has a key impact on the funding different areas receive in order to carry out pro-equality policies. Delay to these – or incomplete answers – risk making it harder to address challenges like universal internet access in future.

As institutions with a mandate to provide universal service and to promote equity, the inequalities exposed by the pandemic will be a clear sign for libraries of the need for stronger laws and more effective support for solutions.

 

Finding the Balance

A final category of issues is those where different rights risk coming into conflict. This is foreseen in the Universal Declaration of Human Rights, whose Article 29(2) underlines:

“In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society”.

In the case of COVID-19, it is clear that action to protect health is a priority (the right to health is set out indeed in Article 25), and so may provide a justification to limit rights. However, when this happens, it is crucial to find a balance. Limitations need to be proportionate, going no further than necessary, be implemented in a transparent and accountable way, and be lifted as soon as possible.

In this respect, the privacy implications of contact-tracing apps – effectively surveillance of individuals through their phones – have received particular attention in media discussions. Clearly, the question of how to identify people who may have been exposed to the virus and recommend quarantine was already raising privacy questions before talk of apps.

Stories of the publication of names of people who had caught the disease are worrying. So too is the tracing of specific mobile phones, for example by nationality. These steps are, arguably, disproportionate to the goal pursued, with alternative approaches available.

As for contact-tracing apps themselves, there are ongoing discussions about whether this can be done effectively without the collection of extensive personal data, and challenges to technology companies to prove that their apps are worth the intrusion.

Already, some argue that apps can work without collecting geolocation data – for example – by working only with relative data (i.e. who have you been close to, rather than where have you been). Nonetheless, this can also reveal private lifestyle information. It may be possible, some have claimed, to limit risks by only holding data on phones – rather than centrally – but there are also worries about how quickly this may drain batteries.

Finally, there is concern about making the downloading of apps obligatory, while others worry that insufficient take-up of apps will make them ineffective in the effort to contain the disease.

Another area where there is need for care is in finding the balance between freedom of speech and steps to stop the spread of misinformation that can damage efforts to tackle the pandemic.

This is not a new issue, but the sense of urgency in removing misleading reports and stories has led to the rapid introduction of new measures, not always with full debate. There is clearly a need for action, not least to avoid a desire for clicks and attention incentivising the creation and sharing of false facts.

Nonetheless, this needs to be done while still prioritising the promotion of media freedom and quality journalism. While the blocking of demonstrably false and malicious content may sometimes be justified, banning opinion pieces and preventing access to information, as well as imposing fines or jail terms for supposed offences are likely to have a major chilling effect.

The situation has been made more difficult still by the fact that people employed to moderate content are often forced to stay at home, increasing reliance on filters powered by artificial intelligence which remain deeply flawed.

For libraries, the importance of both privacy, and freedom of expression and access to information needs to be recognised fully in all decisions taken. As set out at the beginning of this section, any restrictions need to be proportionate – i.e. they should not to go any further than necessary, and there should not be any less intrusive alternatives – and need to be carried out transparently, and not apply for any longer than necessary.

In this context, libraries have a logical role in advocating for less intrusive approaches to contact-tracing and efforts to counter ‘fake news’. Instead, they can use their expertise and networks to promote media literacy and a better understanding of the privacy implications of the choices they make.

 

The COVID-19 Pandemic certainly represents an extraordinary moment, and one which certainly calls for extraordinary measures. Nonetheless, there remain constants, not least the importance of protecting and guaranteeing the fundamental rights of all, which must be at the heart of the societies we build post-COVID-19.

As this blog sets out, there is an immediate need for action to put an end to unjustified violations of rights of all sorts, whether they affect whole populations or only particular groups. There is also a need for close and careful monitoring of any measures that seek to balance different rights.

Thanks to their values and their skills, libraries are well placed to take actions to help ensure that rights are not violated as a result of measures imposed during the pandemic. However, a truly rights-based, equal society in future will need actions from all.

World Press Freedom Day: libraries supporting intellectual freedom during the pandemic and beyond

May 3rd marks the annual World Press Freedom Day, and this year’s dedicated campaign launched by UNESCO focuses on the theme “journalism without fear or favour”. This day puts the spotlight on challenges to press freedom and independence, safety of journalists, and gender equality in media. For libraries, these issues are of course deeply connected to their core mission and values of access to information and intellectual freedom.

Where does news media stand in 2020?

On World Press Freedom Day 2020, journalism and news media are facing new and remerging challenges, even as the COVID-19 pandemic continues. A recent statement by the Council of Europe, for example, highlights that some legislative initiatives against disinformation can have significant and disproportionate impacts on press freedom and people’s right to receive information. The International Press Institute points out the different challenges that have emerged or intensified: from increasing restrictions on ‘fake’ news, to limits on journalists’ access to information, financial or accreditation challenges, and more.

On a larger scale, the newly released 2020 World Press Freedom Index by Reporters Without Borders (RWB) highlights the key pressures that impact the future of free, independent and diverse journalism. These include: geopolitical and economic crises, the evolution of digital informational ecosystems where journalism and advertising, political, economic and editorial materials coexist and compete, and hostility and mistrust towards journalists.

The good news is that the overall global indicator does register a small overall improvement of press freedom in the world since last year. That being said, the RWB report emphasises that the coming decade will have a profound impact on the future of freedom of information and media.

 What is the role of libraries?

Naturally, there is a significant degree of affinity between journalistic and library values – as a 2019 Nieman Foundation Report points out, both fundamentally work to inform and empower communities. This can work as a powerful starting point for collaboration – so can libraries help address some of the key challenges the RWB report outlined?

The economic crisis: hybrid models and partnerships

One of the big impacts of the economic crisis in news media is arguably the financial sustainability challenges that local news faces. One possible solution to this challenge that is being discussed over the last few years is providing support to local newsrooms, for example by providing space in such public facilities as libraries or post offices – or even libraries delivering local news directly.

While this is still an emerging idea, libraries and local news organisations continue to explore ways to cooperate. Some collaborations are a continuous arrangement – like a grassroots local online news organisation NOWCastSA housed inside the San Antonio’s Central Library in the United States. As a Nieman report points out, this partnership also allowed them to team up and carry out joint events, and to highlight some of the library’s programming in NOWCastSA’s reporting.

Some initiatives have even evolved to adapt to the difficult COVID situation. For example, in New York, an independent news outlet THE CITY launched a joint project with the Brooklyn Public Library called “The Open Newsroom”. Already in 2019, they had started hosted public meetings in library branches to identify key neighbourhood concerns and see how the local news can be more collaborative and better serve the needs of the community. Now, in the face of the pandemic, the plans for a second round of meetings have been adjusted, and the public meetings will be organised filly online, allowing the project to continue!

Tackling the crisis of trust and technology

If a lack of trust and confidence in news and media – especially in the hyper-dense online environment – is one of the pressing challenges to journalism, media literacy can definitely be an important part of the solution.

A draft Council of Europe study on “Supporting Quality Journalism through Media and Information Literacy” identified five main models of MIL activities; and libraries and community media play a key role in the “training model”. Reports drawing on Swedish and Finnish approaches to MIL, for example, also show how libraries can be actively engaged in delivering MIL training to their communities.

Partnerships in the area are also common: for example, NewsGuard – a company developing “nutritional labels” for popular news sites to mark how correct the information is – has a partnership program for libraries in Europe and the US.

Advocacy: together for Intellectual Freedom

Naturally, libraries and library institutions are often actively engaged in promoting and standing up for Intellectual Freedom. The Canadian Federation of Library Association, the Canadian Urban Libraries Council, and several library associations, for example, recently celebrated the Freedom to Read week, a campaign focusing on promoting freedom of expression, freedom to read and report the news. Such library initiatives clearly show the significant overlap between libraries’ Intellectual Freedom values and the freedom of press.

Drawing on library expertise – news media digitisation and preservation

Even though perhaps less relevant for current day-to-day journalism but rather for historic records, libraries can also help preserve the news that has been published. News archiving and preservation in the digital age can be a challenge: a recent Columbia Journalism Review report, for instance, points out that many news agencies they had interviewed don’t see the value in preserving their output, or do not have established preservation policies and practices.

This is also a prospective area for collaboration. The University of Missouri Donald W. Reynolds Journalism Institute and University Libraries, for example, have received a grant for a joint project to explore ways to preserve today’s digital news. They plan to set up visits with US and European news agencies to see how their policies, equipment and operations impact their preservation processes.

Another example is a web archive launched by several Ivy Plus Libraries Confederation librarians,  aimed at preserving some specific areas of at-risk online news web content. These are a few examples of how libraries can help make sure the valuable work of journalists is preserved.

Similarly, libraries have been clear in underlining that applications of the principle of the ‘Right to be Forgotten’ should respect press freedom. In a recent joint statement with the International Council on Archives, IFLA stressed also that broader privacy legislation should not lead to the deletion of news articles in collections, and so their non-availability for future generations.

All these and other areas show the connection between libraries and journalism – and their shared values. World Press Freedom Day is the opportunity for us to celebrate intellectual freedom, freedom of expression and access to information – and see what can be done to uphold these.