Councillor Websites
Acceptable Use Policy
This Acceptable Use Policy defines the purposes for which Members of the County Council cannot use the site. In summary these are:
-
the introduction of content that may result in actions for libel, defamation or other claims for damages
-
processing personal data other than for the purpose stated at the time of capture
-
the promotion of any political party or campaigning organisation
-
the promotion of personal financial interests or commercial ventures
-
personal campaigns
-
using the site in an abusive or hateful manner
Further details are given below:
Defamation
A defamatory statement is one that causes an adverse effect on a person’s reputation. It must be published to a third person and refer to the defamed individual.
Libel, which is a form of defamation, is the publication of a statement which exposes a person to hatred, ridicule or contempt, or which causes him to be shunned or avoided, or which has a tendency to injure him in his office, trade or profession in the estimation of right-thinking members of society generally.
Members may not use their Councillor Website to publish defamatory statements or material. Anyone who believes that a Member has defamed them will be able to take legal action directly against the Councillor concerned. The relevant legislation is the Defamation Act 1996 and the full text can be found at http://www.hmso.gov.uk/acts/acts1996/1996031.htm.
A Member is only permitted to publish information in the context of the councillor’s official role in respect of matters of general public interest.
Members have been provided with the tools to edit their Councillor Website by their Local Authority and are responsible for the content of their own Councillor Website. The Local Authority is not responsible for approving content put on to Members’ websites. For the avoidance of any doubt, the Council does not authorise or in any way sanction the publication of statements that might be construed as defamatory.
Data Protection
In managing a website Members may publish or refer to material from a wide range of sources, including that drawn from within the Local Authority. Through the website email correspondence may be generated and Members may receive comments, enquiries or complaints from members of the public and visitors to the site may register to receive occasional mailings.
Published material and emails may contain personal data. Cheshire County Council is committed to full compliance with the law and to the welfare of individuals and therefore all such personal data should be treated with care and respect for relevant data protection law. Anyone processing personal data must comply with the eight enforceable principles of good practice. Two points, in relation to (a) material published on the website and (b) email correspondence are particularly relevant.
Published material
Material published on the website is accessible to anyone in the world. It is essential to restrict the publication of personal data, which includes facts and opinions about individuals, to that data for which explicit consent for publication has been obtained unless this information is clearly already, and properly, in the public domain or it is otherwise wholly reasonable to publish. Given the purpose of Member's websites it will often be more appropriate to make any narrative anonymous to avoid the identification of individuals.
Email correspondence
Emails are electronic records and, as such, individuals are entitled to access these records if they hold information about themselves. In the event of a "Subject Access Request" being made by an individual, Members will be required to provide copies of relevant emails. Much of the work carried out by Members would be regarded as Council business and therefore emails may be needed to be provided as part of requests made to the Council. The Authority’s Data Protection Officer handles all such requests. Other requests may be made for data that Members hold in their own right, apart from Council information. Members are equally obliged to provide these emails if requested. All requests must be satisfied within 40 calendar days of receipt of the request.
The eight principles require, among other things, that emails are kept safe but only for as long as they are needed. It is therefore important to develop a policy of filing important emails and removing the ones that are no longer needed. The decisions relating to storage and removal must be reasonable in the light of the purpose for which the email is written.
Further details about these eight principles may be found at: http://www.dataprotection.gov.uk/dpr/dpdoc.nsf
The Data Protection Act 1998 applies, and the full text of the Act can be found at http://www.legislation.hmso.gov.uk/acts/acts1998/19980029.htm
The Council Data Protection Officer may be contacted via the IT Strategy and Regulation Group
Also please see the Privacy Policy in respect of websites for Members, which is available on every Councillor Website.
Members will be required to confirm that they have read the Authority’s guidance and/or the Council’s own policy and code on data protection and accept the provisions of it.
Political Publicity
Because a Local Authority funds every Councillor Website, Members may not use their Councillor Website to promote political campaigns and advocate political stances on issues. They may not use the site to promote a political party or persons identified with a political party. They may not use it to promote or oppose a view on a question of political controversy which is identifiable of the view of one political party and not of another.
Section 4 of the Local Government Act 1986 enabled the Secretary of State to issue a Code of Practice on Local Authority publicity. The original Code was amended in 2001. The Code was made more flexible in relation to publicity about individual councillors and the relevant paragraphs are:
"Publicity about individual councillors may include the contact details, the positions they hold in the Council (for example a member of the Executive or Chair of Overview and Scrutiny Committee) and their responsibilities. Publicity may also include information about individual councillors’ proposals, decisions and recommendations only where this is relevant to their position and responsibilities within the Council. All such publicity should be objective and explanatory and whilst it may acknowledge the part played by individual councillors as holders of particular positions in the Council, personalisation of issues or personal image-making should be avoided.
Publicity should not be, or liable to misrepresentation as being, party political. Whilst it may be appropriate to describe policies put forward by an individual councillor which are relevant to her/his position and responsibilities within the Council, and to put forward his/her justification in defence of them, this should not be done in party political terms, using political slogans, expressly advocating policies of those of a particular political party, or directly attacking policies and opinions of other parties, groups or individuals".
Members may use the ‘My Politics’ section of their website to link to external websites of a political nature.
Representation of the People Act Restrictions
During election times (from the ‘notice of an election’ to the election itself), most parts of Members websites will be suspended. Visitors will still, however, be able to contact them through the website.
Other Statutory Issues
Care should be taken to ensure compliance with Local Government legislation and the Local Authority’s policies on the following issues
-
The particular legislative requirements relating to discrimination/incitement to racial hatred etc. (Anti-Terrorism, Crime And Security Act 2001 & Race Relations (Amendment) Act 2000)
-
Publication of obscene material (Obscene Publications Act 1959, Protection of Children Act 1978, Criminal Justice Act 1988)
-
The restriction on the promotion of homosexuality (Contravention of Clause 28 of the Local Government Act 1988)
The text of all legislation can be found at: http://www.hmso.gov.uk/acts.htm#acts
The Freedom to Information Act may also apply - and require Members to disclose information if it is caught by a request
Elected Members Code of Conduct
The Local Authority may have specific provisions that govern the conduct of Members as an elected representative. Their use of Councillor Websites could breach that Code of Conduct. The Councillor’s Website should not be used to breach these rules or any local protocols.
Tainting of Decision Making through Biased/Closed Minds
Members who are in positions of determining quasi-judicial processes, particularly planning and licensing applications or determining the outcome of consultation exercises, must exercise care to keep an open mind on issues which he or she may be required to make decisions.
The use of individual websites to set out a clear position on a particular issue could well provide evidence of bias based on a particular personal interest or view, or a closed mind. This would demonstrate the artificiality of the Member then purporting to consider openly all issues in the determination of that matter.
To have regard to all relevant advice when reaching decisions and to give reasons for decisions.
Members must give an accurate and even-handed account of discussions or processes that lead to decisions being taken. For example, they must not give a one-sided account of the reasons for a planning application being refused.
|