Introduction

A significant aspect of the question of libraries and society is the relationship with government in its law-making functions, and the ethical issues to which this can give rise. The focus in this chapter will not be on the particular legislation which enables libraries to carry out their functions, but rather on those many other aspects of policy which may impinge from time to time on the library's operations and its services to users. There are occasions when the library can be seen not only as a provider of information, but also as a protector of that information and even of a nation's civil liberties. In order to provide illustrative examples, reference will be made where helpful to specific laws, but because legislation can vary from country to country, as far as possible the discussion will be in more general terms. The reader is invited to consider the extent to which legislation in his or her country affects libraries in the ways to be discussed. From this discussion, we will identify a number of ethical issues which the librarian could be faced with in the course of his or her job: there may be more than might be imagined. We should also note that the problems of the law in other jurisdictions has, in the age of the internet and the web, had an impact on libraries: for example, the issue of users accessing material which is perfectly legal in its country of origin, but not in the country within which the library is located.

Thinking Point

What legislation do you think could affect a public or a university library?

Legal and moral issues for libraries

Government's relationship with information and the various organizations, departments and other bodies connected with information creation, storage and dissemination is a complex one, made more so by rapid changes in information and communication technologies. This simply adds to the problem: legislation and policy are constantly trying to ‘catch up’ with developments and the ways in which people use those developments. In some instances there is a perceived role for government (depending on the political ideology of the country concerned); in other cases, it will be regarded as a problem for the information industries themselves to control in some way, often by establishing a code of practice enforced by an industry-representative body.