[Libs-Or] Hoopla Content Rating System - OLA / IFC / PDSAL Statement

Tue Jun 25 09:13:25 PDT 2024

Hi library community,
The Intellectual Freedom Committee, along with the Oregon Library
Association and Parents Defending Schools and Libraries would like to bring
awareness to you all regarding the recently announced content rating system
from Hoopla / Midwest Tape.

If you are unaware of this, please see these details shared last week:

https://bookriot.com/midwest-tape-hoopla-rating-system/

https://go.midwesttape.com/l/279222/2024-06-07/2b6mg1/279222/1718377255DkvwJQVd/hoopla_ratings_sheet_us_web_June_2024_update.pdf

Given this development OLA / IFC / PDSAL have published a statement
regarding our assessment of the system, our concerns, and a request to
Hoopla to cease the use of this newly created system. The statement is
attached to this email, and copy / pasted below. It will also be available
via link on the IF website. Feel free to distribute this as needed with
your libraries and partners.

ALA OIF has also published a similar statement.  Please see: Statement
Regarding Midwest Tape/Hoopla Age and Content Ratings System
<https://www.oif.ala.org/oif-statement-regarding-midwest-tape-hoopla-age-and-content-ratings-system/>

Please reach out to me, IFC Chair, if you have any questions regarding this
development,
Emily

[image: Text Description automatically generated][image:
https://lh4.googleusercontent.com/Y-97CeqLS9cw92TF2b-4QgRtYR0kRuWDTvoy3cy2kJ_6PXdC_WOyJlgZeWG2ijBhUtchpNcUVU6IgoufKSS-SGvbnzt-Qefy_5-VZOUSTA4OyGFP8bxGnJ-4EWPVFq7Nhqip8F2DMfKYP59sui_CsQ]

June 25, 2024

Statement from the Oregon Library Association, the Oregon Intellectual
Freedom Committee and Parents Defending Schools and Libraries

RE: IFC Statement to Midwest Tape regarding proposed Hoopla rating system

This is a joint statement regarding Midwest Tape’s attempts to implement a
new rating system, or alternatively called “filter system”, that directly
impacts access to children’s collections. This statement comes from the
Oregon Library Association (OLA), the Oregon Intellectual Freedom Committee
(IFC) and Parents Defending Schools and Libraries (PDSAL).  The Oregon
Library Association (OLA) is a professional organization of Oregon library
workers and includes the Oregon Intellectual Freedom Committee.  The IFC
provides expertise and support for intellectual freedom issues on behalf of
the Oregon Library Association and is the professional committee with the
charges to support intellectual freedom and to respond to censorship. The
OLA in combination with IFC supports Oregon school and public libraries in
managing challenges to materials within their library collections. PDSAL is
an Oregon non-profit organization promoting intellectual freedom and access
to information in schools and libraries across the Pacific Northwest.

Over the course of the past several years, libraries across Oregon have
received an extraordinarily increased  number of both formal and informal
complaints regarding the materials within their collections.  These
complaints are largely due to themes or characters that identify as being
LGBTQIA+, while the formal complaint forms use the words ‘inappropriate for
minors’ or ‘sexual content’. The newly implemented Universal Content Rating
System
<https://go.midwesttape.com/e/279222/et-us-web-June-2024-update-pdf/2b9kl2/1833163366/h/-GQw4Uww4nj4Zg67kXvu-_oVVSzb3rCWZE8KyDz4G9Y>
from Midwest Tape for Hoopla
<https://bookriot.com/midwest-tape-hoopla-rating-system/> is in direct
violation of the American Library Association’s Library Bill of Rights
<https://www.ala.org/advocacy/intfreedom/librarybill/interpretations/rating-systems>
in that this rating system has been subjectively developed to identify the
‘age appropriateness’ of materials, including content based restrictions
due to, among other factors, sexual content of the materials.

As stated by the American Library Association
<https://www.ala.org/advocacy/intfreedom/labelingratingqa#:~:text=Any%20private%20group's%20rating%20system,the%20Library%20Bill%20of%20Rights.>
:

“Any private group's rating system, regardless of political, doctrinal, or
social viewpoint, is subjective and meant to predispose the public's
attitude. The use by libraries, therefore, would violate the Library Bill
of Rights. Libraries should remain viewpoint-neutral, providing information
that patrons seek about any rating system equitably, regardless of the
group's viewpoint.”

Additionally, this new rating system is in direct contradiction to library
collection development philosophies, where the publishers assign the
‘intended audience’ of the materials.  Publishers already review the
content of the materials in assigning the age intended audience through a
variety of objective and qualitative processes.  These processes include
reviewing the intended audience provided by the author, involving various
book reviewers and adding their thoughts and remarks, as well as confirming
the intended audience with the publishing legal team (to protect against
false advertising concerns) prior to publication.  What Midwest Tape is
doing is neither necessary nor objectively sound, and goes against
collection development philosophies and industry standards.  To create a
system that allows for a Collection Development Librarian or other library
staff member to purposefully not select materials due to a subjective,
content based rating system would have a chilling effect on the access to
diverse materials for minors.

Lastly, it is the IFC’s understanding that the impetus behind the
nationwide challenges is a special-interest political agenda that seeks
increased control over the ideas and information available to children,
particularly in the library setting. We recognize this effort as part of a
nationally-coordinated campaign that threatens the core American values and
First Amendment rights of free expression and free access to ideas by
muting the voices of historically marginalized groups, just as these
communities are finally gaining fair representation in library
collections.

Among the many requests of these organizations is to include rating systems
on materials for minors.  To provide a tool such as this would have a
detrimental impact to all of the libraries across this country trying to
stand up for the rights of users, in that this system could easily migrate
from the Hoopla platform to library print collections. Libraries nationwide
are involved with litigation regarding this type of rating system, and to
provide a tool that could be easily applied to print collections would set
libraries up for the possibility of legal ramifications. For more
information regarding rating systems and implications for libraries, please
see:

   -

   Marathon County Library Board retains challenged book, rejects rating
   system
   <https://wausaupilotandreview.com/2023/07/18/marathon-county-library-board-retains-challenged-book-rejects-rating-system/#google_vignette>
   -

   Booksellers, Industry Groups File Suit to Block Texas Book Rating Law
   <https://www.publishersweekly.com/pw/by-topic/industry-news/publisher-news/article/92858-booksellers-industry-groups-file-suit-to-block-texas-book-rating-law.html>
   -

   The Biased Online Book Ratings Systems Undermining Professional Review
   Sources: Book Censorship News, November 4, 2022
   <https://bookriot.com/biased-online-book-ratings-systems/>

In sum, the Oregon Intellectual Freedom Committee, Oregon Library
Association and Parents Defending Schools and Libraries stand firmly behind
our Library Bill of Rights
<https://www.ala.org/advocacy/intfreedom/librarybill>, the American Library
Association’s Statement Regarding Midwest Tape/Hoopla Age and Content
Rating System
<https://www.oif.ala.org/oif-statement-regarding-midwest-tape-hoopla-age-and-content-ratings-system/>,
and the Freedom to Read statements and against actions which violate the
First Amendment rights and dignity of others. The Oregon Library
Association and the Intellectual Freedom Committee are officially
requesting the removal of the newly created Universal Content Rating System
<https://go.midwesttape.com/e/279222/et-us-web-June-2024-update-pdf/2b9kl2/1833163366/h/-GQw4Uww4nj4Zg67kXvu-_oVVSzb3rCWZE8KyDz4G9Y>
and to reinvest, as a company, in the protection of the rights of users to
read freely without undue interference with subjective content-based
selection tools.

Emily O’Neal Ericka Brunson-Rochette Darin Stewart

OIFC Chair 2021-Present OLA President, 2023-2024 CEO and Founder, PDSAL

-- 
Chair - ifc.chair at olaweb.org
Intellectual Freedom Committee https://www.olaweb.org/if-home
Oregon Library Association https://www.olaweb.org/

Disclaimer: all information provided by the IFC is intended for
informational purposes only.  This is not to be considered legal advice.
Should you need legal advice, we recommend contacting a practicing attorney
in your jurisdiction.
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