Legal obligations
Copyright
Putting material on the web is publishing it. It is therefore protected under the Commonwealth Copyright Act 1968, and cannot be freely copied, downloaded or distributed. Whether in a book or on a website, material such as text, photographs, graphics, maps and tables is protected. Copyright also protects electronic material such as emails, databases, directories, computer programs and CD-ROMs.
- In Australia, it is not necessary to register copyright-it is automatic and does not depend on the presence of a copyright symbol.
- The creator of a work owns the copyright unless they have assigned it elsewhere.
- The government owns the copyright in works created or first published by employees on behalf of the Commonwealth, state or territory governments.
- Before copying, printing, saving or emailing material found on a website, check the site's copyright statement for conditions of use.
- Any material copied from a website, must be accurately referenced.
- Penalties for infringement of copyright include fines and imprisonment.
Copyright can be very complex. If necessary, contact your agency's legal services unit for advice.
Moral rights
Under the Copyright Amendment (Moral Rights) Act 2000 (Cwlth) the creator of a work (as distinct from the copyright owner) has the right to:
- be attributed as creator of the work
- prevent another from falsely claiming authorship of their work
- prevent their work from being used in any way that may negatively affect their character and reputation.
Privacy laws
When publishing online, all Queensland Government agencies must comply with the information privacy principles in Information Standard 42 - Information Privacy. This Standard provides an example of a website privacy statement which agencies can use and customise to meet their needs and details about collecting, storing and using personal information.
Photography
Members of the public have the legal right to refuse publication of their image. Therefore, a photograph that clearly identifies members of the public (including agency staff) cannot be published without the written permission of all those depicted.
Check to see if your agency has developed a specific form or procedure for this purpose.
Anti-discrimination laws
The Queensland Government is committed to anti-discrimination. This principle is embodied in the following laws:
- Racial Discrimination Act 1975
- Sex Discrimination Act 1974
- Human Rights and Equal Opportunity Commission Act 1986
- Disability Discrimination Act 1992
Under this legislation it is generally unlawful to discriminate on the grounds of race, colour, national or ethnic origin, gender, or physical or mental capabilities.
Inclusive communication
Writers have a responsibility to take into account any sensitivities readers of their website might have. The main principle to observe is 'people first'. Portray people as part of the community and avoid stereotypical, stigmatising or divisive descriptions.
The Style manual for authors editors and printers has an extensive section on inclusive and non-discriminatory language.
Examples
- Use person with a disability instead of disabled person
- Use language other than English to refer to the background of migrants whose mother tongue is not English rather than a non-English speaking background
- Use Australian to refer to all communities within Australia, and Indigenous to refer to all Aboriginal and Torres Strait Islander peoples
- Do not use non-Indigenous to distinguish between Australia's original inhabitants and other Australians as it can be considered a divisive term
- Aboriginal and Torres Strait Islander peoples is the inclusive term for all Indigenous Australians.
- Acceptable non-comprehensive terms are:
- Aboriginal people(s)
- Australian Aboriginals
- Torres Strait Islanders
- Preferable singular references as both nouns and adjectives are:
- Aboriginal
- Torres Strait Islander
Standards
All Queensland Government websites are required to adhere to Information Standard 26 - Internet(IS26). IS 26 outlines the minimum requirements for Queensland Government agencies in the creation, implementation, and management of agency Internet sites for the delivery of information and services to the Queensland community.
The principles address consistency, accessibility and website management and recommend at a minimum adherence to the Consistent user experience (CUE) standard, the Corporate Identity Guidelines* and the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (V1.0).
References
Australian Copyright Council 2005, Online Information Centre, viewed 13 July 2005, http://www.copyright.org.au
State of Queensland 2005, Information Standard 26 - Internet, Office of Government ICT, viewed 29 August 2005, http://www.qgcio.qld.gov.au/02_infostand/standards/is26.htm
* - available online to Queensland Government employees only
