Hampshire County Council Members' Web Pages

Acceptable Use Policy (AUP)

The Members’ Web Pages are part of the Councillor information site which is maintained by Hampshire County Council.  The Site has seven sections, five of which are available to Members of the County Council for them to edit and post material themselves:

1. About Me - Biographical information about the Councillor

2. News - What the Councillor has been doing in their role as a County Councillor and details of what is happening in their local area

3. Events - Councillors plans and surgery dates

4. My Role - What the Councillor believes in and is working towards

5. Topics - Things that the Councillor thinks are important

If Councillors need to edit the other two pages, Contact and Committees, they will need to send an email to cxrgit@hants.gov.uk.

The following Acceptable Use Policy (AUP) explains what material must not be posted on the Members’ Web Pages.  In summary, members should not:-

• breach data protection laws or any duty of confidence;

• be defamatory;

• use the site for party political purposes or for campaigning organisations;

• post material that is racist, sexist, or otherwise unlawfully discriminatory;

• post material that is offensive, obscene or indecent;

• breach copyright or intellectual property rights;

• promote personal financial interests or commercial ventures to secure personal advantage.

If  Members post material to their Web Pages in contravention of any of the above they could be held personally liable in the courts and therefore this AUP is intended to protect the interests of individual members and the County Council.  The following gives a brief guide to the relevant legal constraints but should not be regarded as a definitive statement of the law.

Data Protection

Members are advised that when processing personal data in their role as a County Councillor they are covered by the County Council’s corporate registration on the Information Commissioner’s Register.  This means that Members are required to process personal data in accordance with the eight principles of the Data Protection Act 1998.

It is a requirement of this Policy that personal data is not reproduced on the Members’ Web Pages unless the Member has clear written consent from the individual concerned.  Further, no personal data relating to an adult who does not consent and no personal data (including photographs) relating to anyone under the age of 18 shall be reproduced on the Web Pages.

Members are reminded that the County Council recommends that Members notify the Information Commissioner themselves and register as data processors in their individual constituency roles as a processor of personal data.  

Further information please see the Council's Data Protection web site.

Confidential information

Members must not post material on their Web Pages which has been given to them in confidence or information acquired which they believe is of a confidential nature without the consent of a person authorised to give it.  

Members must not use their Web Pages to disclose information, which the County Council has considered in exempt session, or which they are on notice is confidential for any other reason.

Defamation

Members should not post material on their Web Pages that is defamatory.  A full explanation of the defamation laws is not possible here but in a nutshell a defamatory statement is one that causes an adverse affect on a person’s reputation.  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/her to be shunned or avoided, or which has a tendency to injure him/her in his/her office, trade or profession in the estimation of right thinking members of society generally.  For the avoidance of any doubt, the County Council does not authorise or in any way sanction the publication of statements that might be construed as defamatory.

Political Publicity

It is a requirement of this Policy that Members may not use their Web Pages to promote political campaigns or advocate political stances on issues.  Members 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 with the view of one political party and not of another.  

The Code of Practice on Local Authority publicity (amended in 2001) says “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 Councillor’s 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 a particular position 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 his/her 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”.

Representation of the People Act Restrictions

During election times (from the notice of an election to the election itself) the Members’ Web Pages will be suspended.  

Unlawful Discrimination

Members must not use their Web Pages to post material or provide links to external sites that may incite racial hatred or are otherwise racist, sexist or otherwise unlawfully discriminatory.    Racial or sex discrimination or harassment could lead to civil or criminal proceedings under the Race Relations Act 1976, Sex Discrimination Acts 1975 and 1986, the Public Order Act of 1986, the Human Rights Act 1998 and amendments thereof.

The Race Relations (Amendment) Act 2000 imposes a general duty on the County Council to carry out its policies and functions with an aim to:-

•eliminate unlawful discrimination;

•promote equality of opportunity;

•promote good race relations.

For more information see the Hantsweb Race Equality Scheme page.

There are also legal protections from unlawful discrimination on the grounds of disability, sexual orientation, religion or belief, and in the near future on the grounds of age.

Obscenity

It is a criminal offence to publish obscene material under the Obscene Publications Act 1959 and 1964.  Under the Telecommunications Act 1984 it is a criminal offence for any persons to send a message that is grossly offensive, indecent or obscene by means of a telecommunications system which includes the internet and email.

Copyright/Intellectual Property Rights

Members must ensure that they do not breach copyright when re-using information from other websites or publications and should obtain consent for such re-use where necessary.  Material that might infringe copyright will include not only written material but also the use of images, photographic or otherwise, sound recordings and computer software. Members could be personally liable where such a breach occurs.

Decision making through biased or closed minds

Members who make decisions in planning applications or in any other quasi judicial capacity are reminded that they must comply with statutory provisions in the Model Code of Conduct.  The overriding principle is that Members should not favour any individuals or groups and must represent their constituents as a body and vote in the interests of the County as a whole.  Whilst Members should take account of all views expressed, they should not favour any person, company, group or locality, nor put themselves in a position where they appear to do so.  They should therefore keep an open mind on issues on which they may be required to make decisions.  The use of the Members Web Pages 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.

Elected Members Code of Conduct

The Members Web Pages should not be used to breach the following codes of conduct nor to bring the Members or the County Council into disrepute:

•Model Code of Conduct for Members (Part 4.1)

•Protocol for Member/Officer relations (Part 4.3)

Insurance and Indemnity

Members attention is drawn to the fact that where any liability is incurred by reason of the material posted on their Web Pages, the County Council will consider the extent to which the Member has complied with this Acceptable Use Policy in considering whether the County Council should indemnify the member in respect of any personal liability arising from their use of their Web Pages.

Right to Suspend or Withdraw the Members Web Page

The County Council reserves the right to suspend or withdraw in whole or in part the Web Pages reserved for the member, or the member’s use of the Web Pages without notice in the event that the County Council decides that it is necessary or appropriate in all the circumstances to do so.

Pending the determination of any complaint the County Council also reserves the right temporarily to suspend or withdraw in whole or in part the Web Pages reserved for the member, or the member’s use of the Web Pages without notice as part of the process of investigating any complaint that has been received.  

Complaints Procedure

Members of the public will be able to make complaints in accordance with the County Council’s complaints process where they feel that this Policy has been breached.  For this reason the Policy will be available to the public on Hantsweb.

Members Endorsement

This is the endorsment Members of Hampshire County Council have to sign up to.

I have read the Acceptable Use Policy and agree to manage my Web Pages in accordance with the requirements of the AUP.  I accept that the County Council reserves the right to suspend or withdraw any material on my Web Pages in accordance with the Complaints process or where the County Council consider it necessary or appropriate in all the circumstances.