Takedown policy

In making collections and services available online the State Library of South Australia acts in good faith. However, we recognise that despite best efforts there may be occasions when material made available online is considered to breach copyright or other relevant law or contains information that is culturally sensitive.

If you are concerned that you have found material on a State Library website for which you as a copyright owner have not given permission, or that relates to other specific matters, you have the right to send us a takedown request. 

We aim to resolve takedown requests quickly and to the satisfaction of all parties.

About the policy

The State Library of South Australia is a member of National and State Libraries Australia (NSLA) and endorses NSLA's position statement and procedural guidelines on takedown requests.

The State Library has a mandated role to collect and preserve cultural heritage, provide open and equitable access to information, and support the growth of knowledge and ideas. Given these responsibilities, materials provided online will be taken down (or have other access restrictions imposed) only in extraordinary circumstances. In making collections and services available online, the State Library respects jurisdictional legal considerations.

In terms of copyright infringements, Australia has recently legislated to extend safe harbours protection to include cultural, educational and disability groups where they provide online services to the public. The Copyright Amendment (Service Providers) Act 2018 sets the services and compliance requirements to which 'safe harbours' may apply. As well as being relevant to takedown of material uploaded by third parties, these changes are relevant for those providing public access computers or search services. More information is available from the Australian Libraries and Archives Copyright Coalition.

Sending us a takedown request

Please contact us in writing and state the following:

• Your contact details (email and phone number).
• Full details of the material.
• The exact and full URL at which the material was found.
• The reason for your request, including but not limited to copyright law, privacy principles, obscenity, defamation, Indigenous protocols.
• If the request relates to copyright, proof that you are the rights holder or an authorised representative.

Send your takedown request by email

or write to: 

Takedown Request Officer, State Library Services
State Library of South Australia
GPO Box 419
Adelaide SA 5001

What happens next

Once we have received your request we will provide you with an acknowledgement of its receipt and further information on the process involved.

General principles to takedown requests

To promote consistent responses to takedown requests, the State Library has agreed to take into account the following general principles:

• The broadest possible online access to collection materials will be provided.
• Permanent access restrictions, deindexing or takedown will be considered as an exceptional response.
• Requests for access restrictions, deindexing or takedown will take into account the relationship of the requestor to the material.
• Requests for access restrictions, deindexing or takedown will take into account specific jurisdictional legislation and related exemptions.
• Access restrictions or takedown of material made available online should, as far as practical, be openly acknowledged with a statement noting the takedown.
• As circumstances change, or after a period of time, online material that has been taken down, restricted or deindexed should be reviewed and may be reinstated.

Possible outcomes

In relation to the State Library's websites, the following outcomes may occur:

• The material remains online unchanged.
• The material is temporarily blocked or removed material is restored unchanged.
• The material is blocked or removed material is restored with changes.
• The material is removed.

The State Library advises, given the complexity of the online environment, that when a valid request results in the takedown of material:

• the processes involved in removing material may take time 
• it may be beyond our control to ensure that they are comprehensive or permanently successful on platforms other than the State Library's websites
• that when material is altered, blocked or removed on a State Library website, where practicable, we will provide a general statement to its removal that ensures privacy of all parties involved.