|
|
The content, including the information, names, images, pictures, logos and icons regarding or relating to this web page service is provided on our understanding of it being true and accurate - however because of the nature of information and the necessity to rely on contributors for information, Elmbridge Borough Council cannot guarantee the accuracy, endorse any of the content provided (for example, that it will be error free or that defects will be corrected) and will not accept liability for damages incurred as a result of use of the website. Visitors who rely on this information do so at their own risk.
This Acceptable Use Policy defines the purposes for which Members cannot use the site. In summary these are:
Further details are given below.
Defamation can be defined as "the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally." The "statement" can be words, visual images or some other method of signifying meaning. Defamation takes two forms, libel and slander. Libel involves (amongst other things) writing or printing a defamatory statement. Slander is speech or gestures of a defamatory nature.
Members may not use their Councillor Page to publish defamatory statements or material. Anyone who believes that they have been defamed by a Councillor will be able to take legal action directly against the Member concerned. The relevant legislation is the |Defamation Act 1996.
A Member is only permitted to publish information in the context of their official role in respect of matters of general public interest.
Members are responsible for the maintenance of content on their own Councillor Page. Elmbridge Borough Council is not responsible for approving content put on to Members' individual pages. For the avoidance of any doubt, the Council does not authorise or in any way sanction the publication of statements which might be construed as defamatory. Inappropriate material may result in the Member's page being removed / amended directly by the Council at its discretion.
In managing a website, Members may receive comments, enquiries or complaints from members of the public. Councillors may refer to (or publish) material that is based upon information drawn from the Local Authority or obtained from external sources. All such personal information 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. They say that data must be:
'Personal data' covers both facts and opinions about the individual. It also includes information regarding the intentions of the data controller towards the individual. The definition of processing incorporates the concepts of 'obtaining', 'holding' and 'disclosing'.
Further details about these eight principles can be found at:
http://www.dataprotection.gov.uk/dpr/dpdoc.nsf
The |Data Protection Act applies, and the full text of the 1998 Act is available at the Office of Public Sector Information
The Member confirms that they have read the Council's own policy on data protection and accepts the provisions of it.
As the Councillor Pages are funded by Elmbridge Borough Council, Members may not use their individual Member Pages 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 as the view of one political party and not of another.
Section 4 of the 1986 Local Government Act 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".
During election times (from the 'notice of an election' to the election itself), it will be necessary under the Representation of the People Act restrictions to suspend most parts of the individual Member web pages. Visitors will still, however, be able to contact them through the website.
Care should be taken to ensure compliance with legislation and Local Authority policies generally.
The text of all legislation can be found at: |http://www.opsi.gov.uk/acts.htm
Elmbridge Borough Council has provisions that govern the conduct of Members. The Members' individual web pages should be used with due regard to the Members' Code of Conduct as defined in "Members' Code of Conduct" which can be found in Part 6.2 of the Council's Constitution; and each Member of the Council has signed the declaration to abide by the Code of Conduct provisions.
The |Constitution can be viewed or is available for purchase by contacting the Legal Services Division at:
Elmbridge Borough Council
Civic Centre,
High Street,
Esher,
KT10 9SD.
In the event of a Member having a complaint about the content of the individual web pages of another Member, then that complaint will be processed using the Council's Complaint procedures.
Members agree not to use the "Contact us" section of the web site to raise a complaint about the content of another Member's individual webpage.
On a general level
- Members agree to use the site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the system. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, or transmitting obscene or offensive content;
- The site must not be used in a way that will bring Members or Elmbridge Borough Council into disrepute;
- The site must promote equality by not discriminating unlawfully against any person, must treat others with respect and not to do anything, which compromises the impartiality of those who work for or on behalf of the authority;
- Members must not disclose information given to them in confidence or information acquired, which they believe, is of a confidential /exempt nature without the consent of a person authorised to give it;
- Members must not use their Councillor Site to disclose information, which the Council has considered in private session, or which they are on notice is confidential /exempt for any other reason (Part II);
- Members must not infringe the Newspaper Licensing Agency Copyrights by publishing press articles etc without permission from the relevant publication;
- Members should have regard to the Council's photo policies with regard to the publication of images of young people. Further advice may be obtained from the Corporate Communications Team - 01372 474474;
- Members must adhere to the Protocol on Member/Officer Relations in Part 6-7 of the Council's Constitution; and
- Members must not use their individual web page to confer on or secure an advantage or disadvantage or secure the resources of the authority (for instance, by advertising a commercial service or by using the site to encourage the Local Authority to purchase a particular item or service).
Members who are in positions of determining quasi-judicial processes, particularly Planning and Licensing matters, or determining the outcome of consultation exercises, must exercise care to keep an open mind on issues which they may be required to make decisions on.
The use of individual Member 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.
Members must 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.