Collections WA Takedown Policy

Collections WA (CWA) has been developed to increase and enhance access to Western Australia’s distributed but connected cultural heritage collections. It is a partnership project delivered by the Australian Museums and Galleries Association Western Australia (AMaGA WA) – the national peak body representing collecting organisations – and the Western Australian Museum (WAM), WA’s premier cultural institution housing the State’s scientific and cultural collections (together, ‘the Partners’).

The Partners are committed to ensuring Western Australia’s collections, histories, and stories are both accessible and valued. With this mindset, any content made publicly available via CWA will only be removed or restricted where clearly justified.

CWA upholds the principles of freedom of expression, cultural respect, data sovereignty, and universal access to information. Digitised collections are made freely accessible for the purposes of education, research, discovery, identification, and digital repatriation, among other uses.

This Takedown Policy incorporates a formal procedure for individuals to request a review of material they believe should not be publicly accessible. Every request will be reviewed on a case-by-case basis, guided by a best-intentions philosophy.

The Partners and contributing organisations (‘the Contributors’) are committed to presenting truthful, multi-faceted historical narratives and universal access to knowledge. However, we acknowledge that not all content is suitable for open access in all contexts.

Occasionally, content may appear on CWA that:

  • breaches copyright.
  • raises privacy concerns.
  • contains defamatory or harmful content.
  • contravenes Australian law, or
  • includes culturally sensitive or restricted information, particularly in relation to Indigenous Cultural and Intellectual Property (ICIP).

The Partners act in good faith by providing a digital repository for the diverse collections held by regional, remote, and community-based organisations across Western Australia. At the same time, the Partners uphold the highest standards of respect for intellectual property, privacy, and agreements with donors and rights holders. 

This Policy outlines the guiding principles and processes that will inform decisions about restricting or removing content from the platform.

GUIDING PRINCIPLES

In promoting consistent and fair responses to takedown requests, the Partners agree to the following principles:

  • The broadest possible access to digitised collections will be provided.
  • CWA is a voluntary service; Contributors are under no obligation to participate.
  • The views and interpretations of history presented on CWA are recognised as incomplete and often Eurocentric, shaped by the capacity and perspectives of those undertaking memory work in their communities.
  • The principles of the UN Declaration on the Rights of Indigenous Peoples will be upheld, including the rights of Aboriginal and Torres Strait Islander peoples to protect their ICIP from misuse.
  • All takedown or access restriction requests will consider the requester’s relationship to the material and relevant legislative frameworks.
  • Where material is removed or access is restricted, and where appropriate, a public statement will be provided noting the takedown or restriction.

SCOPE

This Takedown Policy applies to content contributed by third-party Contributors. While the Partners will make every effort to respond appropriately to valid takedown requests, it may not be possible to ensure permanent removal of content from external platforms or systems beyond the control of the Partners.

The Partners are not responsible for takedown actions, or lack thereof, on Contributor-managed or third-party platforms.

This Policy should be read in conjunction with the following:

These Terms are governed by the laws of Western Australia. 

Legal proceedings arising under this Policy will be heard in Western Australian courts.

REQUEST CATEGORIES & DEFINITIONS

All takedown requests must clearly state the grounds for action and, where applicable, the requester’s legal or personal interest in the material.

Takedown request categories include:

  • Copyright – Concerns over ownership or unauthorised use of protected works.
  • Cultural concerns – Content that includes culturally sensitive material not meant for public disclosure.
  • Defamation – Material that may unjustly damage the reputation of an individual or group.
  • Harmful – Content considered harmful or offensive under Australian law.
  • ICIP – Breaches relating to Indigenous Cultural and Intellectual Property.
  • Legal – Material that may contravene Australian law or court orders.
  • Privacy – Content that may infringe on the privacy of individuals (e.g. addresses or contact details).
  • Sensitive government data – Government records or data not authorised for public release.
  • Personal objection to content – General concerns not otherwise categorised

PROCESS

 

Submitting a Request:

Requests must be submitted via the Takedown Request Form or by email to contact@collectionswa.net.au 

All credible requests will be taken seriously and assessed in good faith.

Possible Actions (in order of escalation):

  • Editing: Amendments to incorrect data or problematic terminology in a record or collection.
  • Field Suppression: Specific fields within a record are made private while the remainder remains publicly viewable.
  • Cultural or Content Sensitivity Warning: The record remains accessible but requires an explicit acknowledgement before access (e.g. “This record contains names, images, and voices of Aboriginal and Torres Strait Islander people who are now deceased.”)
  • Restrict Record: Only minimal metadata (e.g. registration number, item name) remains searchable.
  • Removal: The record is removed entirely from public access on CWA.

Acknowledgement:

The requestor will receive an acknowledgment email within three (3) business days of receipt. They may contact the Partners at any point for updates.

Temporary Withdrawal:

The record in question will be temporarily removed from public view while the request is assessed.

Contributor Consultation:

The Contributor responsible for the record will be contacted for comment and input.

Review and Further Information:

The Partners will review the Contributor’s response and may seek further details from the requestor if needed.

Stakeholder Consultation:

The Partners may consult with relevant external parties, including Traditional Owners, community representatives, subject specialists, or legal advisors.

Outcome Notification:

An outcome will be communicated to the requestor via email within ten (10) business days or as soon as possible following any required consultation.

The National Library of Australia Trove Partner Network will also be informed of the decision and encouraged to update their syndicated data to reflect the changes.

Appeals:

Should either the User or Contributor wish to appeal the outcome they can do so by emailing CWA within ten (10) business days with new supporting evidence or testimony. 

The User and the Contributor are eligible for one appeal each per request. 

The Partners will review any new evidence submitted via the previously stated process and provide an outcome within five (5) working days. 

POSSIBLE OUTCOMES

The Partners aim to resolve takedown requests efficiently and respectfully, balancing access with the rights and concerns of stakeholders. The following outcomes may result:

  • The record is restored unchanged.
  • The record is restored with modifications to content or access level.
  • The record is permanently removed from CWA.

The Partners acknowledge that:

  • Implementation of takedown outcomes may take time, particularly where external systems or volunteers are involved.
  • The Partners cannot guarantee that changes will be reflected on third-party platforms or Contributor-managed systems.
  • When material is amended, restricted, or removed on CWA, a general takedown notice will be displayed where appropriate, ensuring transparency while protecting the privacy of those involved.

DATA MANAGEMENT

To uphold data integrity and system accuracy links, cached data, or legacy references to edited or removed content will be removed from the CWA platform within three (3) working days of an outcome being determined.

REPEAT OFFENDERS

Contributors found to have breached the Takedown Policy on three (3) or more occasions with valid, substantiated requests will have their CWA Contributor account suspended or terminated at the discretion of the Partners.