Twitter and Bristows in Humiliating Libel Climb Down

On Friday night, 1st May 2020 I received a letter from UK solicitors Bristows instructed by Twitter. They demanded I take down my article of 14 April 2020 about Twitter, claiming it was defamatory of unnamed staff. Now, after I wrote back pointing out I was legally qualified and identifying their procedural errors, they claim this was just an informational comment, and not a libel threat at all and they do not have to reply to my requests for information as they are not proceeding with the Pre-Action Protocol they have to follow in England before suing me.

Extract from Bristows' Email of 6 May 2020

Bristows now claim they were never threatening to sue me on behalf of Twitter. I understand that Robert Graham and Alex Keenlyside are responsible. Image adjusted to show headed paper logo above the relevant paragraph.

In England, the Civil Procedure rules require that before suing someone you write them a letter and try to resolve the claim with them. In libel, the applicable rule is the Pre-action Protocol for Media and Communications Claims. If a party fails to follow the rules, the court can impose tough sanctions like ordering them to pay some or all of the other side’s legal fees even if they ‘win’ and the other party ‘loses’.

As pointed out in my previous article, in their letter to me, Bristows were missing a lot of important information such as (for example) the name of any natural person claimant, details of the alleged serious harm and other elements required by UK law. Of particular importance the claimant has to set out which facts they dispute and why. Therefore I sent them a request for information under the protocol to include the missing information. Bristows now claim they were never following the protocol at all and so do not have to make any disclosures. It follows that there is no intent to sue me at all. I will still consider complaints and further letters with an open mind but in the absence of the requested information see no reason to remove or modify my article.

That is, my article naming Vijaya Gadde and Del Harvey (née Alison Shea) and stating that they had intentionally and in breach of Twitter’s supposed policy allowed vile harassment / stalking of a child abuse victim and anti-Semitic hate speech. My article also stated that, in effect, they were backing the anti-Semite and the stalker by allowing them to continue to post. I am not in receipt of any clear factual statement from Twitter setting out any basis as to why those allegations are wrong.

Facebook’s Mark Zuckerberg once famously described Twitter as being like a clown car that crashed in a gold-mine. Apparently, this is also true of their lawyers.

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Twitter Threatens to Sue! Del Harvey and Vijaya Gadde Double Down

Facebook’s Mark Zuckerberg once famously described Twitter as being like a clown car that crashed in a gold-mine. Their latest antics, involving their lawyers at Bristows, include writing me one of the worst ‘libel’ letters I have ever seen. The specific lawyers on the case are Alex Keenlyside and Robert Graham. I reproduce the relevant parts below. Then I school them on procedure and more importantly the substantive facts of their case.

Bristows Libel 2020-05-03

Bristows’ letter to my mind is deficient in law. I understand that Robert Graham and Alex Keenlyside are responsible. Image adjusted to show logo above the relevant paragraph.

I received a letter just past 8pm on Friday night. It is a trashy tactic solicitors use that works with many people. However, although I do not practice as a solicitor I have passed the exams (LL.M LPC Commendation) and have nearly 9 years experience as a McKenzie Friend. I have written the pleadings of multiple libel cases so late night letters are less impressive to me, especially given the obvious, negligent and improper failure in this one to comply with the relevant UK law, the Civil Procedure Rules.

Much of the letter is a request for information. Twitter asks for court documents relating to the recent court case in which Esther Baker was found liable for racist harassment because of various proposed legal claims against it, in multiple jurisdictions. The last paragraph however is a demand I remove an article, which is said to be defamatory. Twitter are concerned with my article of 14 April 2020, headlined, “Twitter’s Del Harvey / Alison Shea and Vijay Gadde Openly Back Child Rape Stalker and Anti-Semite Racist”. So far they have not sought to challenge my article, “Labour’s Secret Deal with Twitter and Facebook to Surveil its own members”.

The article complained of referred to Twitter’s decision not to remove proven racist stalker Esther Baker’s account nor the tweets held by a judge to be racist stalking. The same article complained of Twitter’s failure to remove anti-Semitic material posted by a man named Alan Goodwin. As previously covered on MHN, Esther Baker has been successfully sued by former MP John Hemming and a child abuse victim who MHN is anonymising as a courtesy. Twitter, of course, has rules against racism and ‘targeted harassment’ so one would think in light of the lengthy judgement to the effect that Baker engaged in racist targeted harassment over a period of years the issue would be a no-brainer. Nope. “Clown Car”!

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Twitter’s Del Harvey / Alison Shea and Vijaya Gadde Openly Back Child Rape Stalker and Anti-Semite Racist

Defended banner for articles defended in court

[UPDATE – 17 August 2022. Esther Baker sued over this article in High Court Case QB-2020-001013. She lost. The court granted both summary judgement and strike-out finding the claim had no realistic prospect of success. No other person mentioned sued and the time limit has elapsed. Judgement here. My follow-up article here. This article has been added to the “DEFENDED!” category and readers may rely on it.]

Vijaya Gadde at a Fortune Event

Vijaya Gadde, Legal, Policy, Trust and Safety Lead at Twitter, at a Fortune Brainstorm Tech event. Would she be such a popular speaker if she was properly no-platformed due to her allowing vile stalking and racism against a child rape victim and anti-Semitism by the perpetrator’s friends? Picture by Photograph by Kevin Moloney/Fortune Brainstorm TECH. (NC License here).

Imagine you were raped as a child by a paedophile Priest. Then imagine that years later, as the trial of the priest took place you were subject to a campaign of racist stalking by a, “particularly malevolent”, vile and mentally ill harasser. The stalking puts your health and life at risk. Eventually, the Priest is convicted and the stalker is bankrupted and made subject to a lifelong restraining Order. Both verdicts are upheld on appeal. Now imagine, that an international social media company Twitter helps and empowers your stalker, who has been associated with prominent Labour MPs like Jess Phillips, and refuses to remove their stalking material, apparently contrary to its own rules.

[UPDATE From Twitter Below – 14 April 2020]

This of course is a real story. Esther Baker was recently bankrupted and made subject to a lifelong restraining Order for the racist stalking of a child abuse victim. Baker is of course publicly known because she was one of the VIP paedophile accusers associated with Exaro News, like Carl Beech. She received support from Labour MPs and was even invited to the House of Commons by Jess Phillips MP. Ironically Phillips is now the Shadow Minister for Domestic Violence and Safeguarding.

The judge really did call Baker, “particularly malevolent”. The restraining Order is one of two such Orders she has received because of course she has also been restrained from repeating her, “untrue” allegations about former MP John Hemming. Of course County Court judges see lots of stalkers, family cases and domestics so a finding that stalking is particularly malevolent is saying a lot. Baker was so depraved she even tried to contact the paedophile priest – to try to undermine his conviction! It borders on the immortal line, “So, we got a once in a lifetime, top of the line looney tuney”, from the movie Basic Instinct. Except of course that Baker, who admits to hearing voices, is no Sharon Stone.

Esther Baker is a Malevolent Racist

The express findings of the County Court judge agreeing Baker behaved in a “vindictive, “obsessive” and “malevolent” way. MHN has erased the barrister’s name to protect the anonymity of the victim of Baker’s years of racist stalking. If only Vijaya Gadde, Del Harvey (Alison Shea), Karen White and Sinéad McSweeney over at Twitter would protect them too!

Whilst Baker has occasionally, grudgingly, removed some tweets she has not removed most of the stalking tweets including some that may put her in breach of the various court Orders against her. So, needless to say, Twitter were contacted by some of her victims. John Hemming had also been in contact with Twitter and can produce email receipts from their report form going as far back as 2017. As a result of a number of controversies, Twitter has enacted a number of supposed rules. Targeted harassment is supposedly prohibited (archive). Racist harassment is supposedly prohibited (archive). In the context of hate of protected groups, the Twitter rules state that, “We prohibit targeting individuals with repeated slurs […]”.

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Supreme Court: the US Federal Government Can in Fact Regulate Private Company Editorial

Earl Warren

Earl Warren, left leaning Supreme Court Justice, ruled in favour of regulating private corporate speech to be fair to all sides.

The recent decision by the Trump administration to collect evidence of political bias at social media companies is to be welcomed. However it has led to gloating on the Left, and concerns on the Right about the legal issues. The First Amendment to the United States Constitution, it is said, prohibits interference by the Federal Government or by Congress. Rubbish! The Supreme Court has already upheld such legislation, and not even the recent, Conservative leaning Supreme Court but the Left-leaning activist Warren Court. I am speaking of course, of the FCC Fairness Doctrine (archive).

The Fairness Doctrine was a rule imposed on early, analog, radio broadcasters as well as television broadcasters. Because there were few radio television channels, they operated as gatekeepers to the national political conversation. As a result, over a number of cases the Federal Communications Commission (FCC) began treating them somewhat like utilities.

The Mayflower Doctrine was a ruling of the FCC in 1941 that radio stations were prohibited from editorialising in matters of news or politics for fear that they would otherwise simply be used to propagandise on behalf of Conservative business owners. It was superceded by the later, ‘Fairness Doctrine’. The rule required that broadcasters dealing with controversial issues present both sides, grant equal time to both sides and give those publicly criticised the opportunity to respond.

Eventually, a company called Red Lion Broadcasting challenged the rule and the litigation made its way to the Supreme Court. Which ruled unanimously in favour of the FCC. The full case name is, Red Lion Broadcasting Company, Incorporated, et al. v. Federal Communications Commission, et al. and the court’s opinion can be found here.

HELD (amongst other things) – The fairness doctrine and its specific manifestations in the personal attack and political editorial rules do not violate the First Amendment.

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James Vaughan, Nick Long, Joanna Harding and Councillor Fiona Thomson: Welwyn-Hatfield’s Appalling Taxi Team

FionaThomson

Conservative Councillor Fiona Thomson has upset taxi drivers and commuters. She presides over the council’s appalling Hackney Carriage (taxi) team.

As a loyal Conservative, I would find it hard to vote for anything else. I can think of few things worse for Welwyn-Hatfield than a Labour-run council. When I was a Labour councillor (before I became a Conservative), the council was just recovering from a Labour administration that took the council £3 million over budget and which Conservative John Dean’s leadership of the council had to rectify. Even so, in my recent interactions with Welwyn-Hatfield’s taxi team they have fallen well short of what I would expect at every level, failing to deal adequately with serious allegations of systemic racism and maladministration.

As we approach the elections, Conservatives hope to rely on the support of small business, such as taxi drivers. In Welwyn-Hatfield unfortunately they are demonstrating outside the council offices (archive). Why? The (Conservative) County council has come up with an ill-conceived plan to move the taxi rank away from the station where it currently rests. The Borough council has been asked to oppose the plans and it is far from clear on where it stands. Conservative Executive Member Fiona Thomson said it would be “inappropriate to comment”. Because alienating a core vote is exactly what we want before local elections.

According to an article in the Welwyn-Hatfield Times, Labour PPC for Welwyn-Hatfield Rosie Newbigging “warned of risks to elderly, frail and disabled people who would have to cross a busy road to get a taxi”. I think Ms Newbigging is ignoring other important groups. What about well-nourished Conservative law bloggers? When I stagger out of the train station full of foie gras and scotch why should I have to walk further? Commuters are an important vote too!

But the controversy is only the tip of the iceberg. I was recently asked to provide pro-bono support to a taxi driver who was being accused of license misconduct. In fairness, he admits to overcharging, albeit he says that it was in error. It is likely this is true as he gave receipts. I did agree to an initial look at the papers. Suspiciously, the council had not sent the driver a transcript of an interview they had with him under caution (under the Police and Criminal Evidence Act 1984, usually known as PACE). When I became involved it was only 6 days before the hearing. When the driver emailed the council and consented to a copy being sent to me, council officer Cheryl Bridges claimed she could not give it to me because of “data protection” even whilst admitting to having the consent in front of her.

When I finally received the interview transcript (after further representations) it read like something from Blackadder. The driver had admitted he had charged extra because he had to drive a long way to collect the customer. In reply, Hackney Carriage Officer James Vaughan said this, “So the more vulnerable the customer is the more you can charge them, is that how it works?”. He literally invented an allegation of predation on the spot and out of whole cloth.

The irony is of course that the taxi driver is a vulnerable Muslim migrant with English good enough to run a taxi but not well equipped to protect himself from a jumped up, wannabe-traffic cop like Vaughan. The person who had complained about the driver had produced a witness statement referring to two incidents, one to which there was an independent female witness. The officers had not contacted her. I did. Her evidence points to the driver being a kindly man (if not well educated) dealing with a rude and frightening customer.

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Patreon Banned Sargon Yet CEO Jack Conte Allowed Distribution of Illegal Child Pornography and Laundering of the Proceeds

JackContePomplamoose

This is Jack Conte, the CEO of Patreon and half of musical duo Pomplamoose. He knowingly profited from the distribution of paedophile bestiality fetish material, as well as sexual material related to cannibalism. Image released under CC BY-SA 2.0 for commercial use. Image by Joe Loong on Flickr. License linked here. Click for full size.

Carl Benjamin (Sargon of Akkad) was banned from Patreon this month for comments not made on the platform. This appears to contradict Patreon’s own statements and some of its actions may arguably violate several laws including the European General Data Protection Regulation (GDPR). That is not just an academic problem, because according to its public website Patreon has a business entity in the UK (archive) – Patreon DLC, Ltd. 8 Soho Square, London, Greater London, W1D 3QL. Sargon could (and arguably should) take action on it. Before I turn to that issue though I would like to remark upon the matter of Patreon ands its CEO Jack Conte knowingly allowing the distribution of illegal child pornography on the platform – at least until I asked VISA and MasterCard to investigate.

I first took a journalistic interest in Patreon last year in my first article and it is worth a brief recap. Lauren Southern, beautiful and extremely capable Canadian journalist had been banned for allegedly endangering the lives of refugees. Incidentally Lauren has now been vindicated – a ‘sting’ recording made on her behalf of an NGO official has proven her correct (archive). Many of the alleged ‘refugees’ were in fact fraudulent migrants facilitated by unscrupulous ‘charity’ workers who groomed them to lie. The only people endangering lives were those helping them make dangerous sea crossings to, at best, an uncertain welcome.

However, my interest arose from the illegal content available on the Patreon platform. A whistleblower sent me a link to the page of a creator called, ‘Waysin’. The page showed a number of censored and blacked out cartoon style drawings of young, underage boys and tentacles. The images were legal, but it was made clear that for a fee the user could view the images without censorship – that is pictures of clearly underage pre-teen boys being bestially raped by tentacles. Such images are criminal to produce, distribute or possess in many states, including Taiwan where the creator of the material said that he lives. For bonus points, Waysin said openly on the public page that he knew the images were illegal in his jurisdiction. Needless to say, I reported the page to Patreon. I did not view the private section – for the avoidance of doubt no unlawful images were viewed or downloaded preparing this article.

IllegalMaterialTentacleRape

Patreon knowingly allowed a user to distribute sexual material related to children that was illegal in the jurisdiction of the user. They allowed them to literally launder the money via Patreon. This account was drawn to the attention of Patreon and Jack Conte personally, but not removed – at least until I involved executives of the payment networks. Click for full size.

The point of time when I made the report is where things become … appalling.

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Bakers Who Refused Gay Message Cake in Supreme Court Win – In Britain

England’s Supreme Court has handed a victory for free speech to a Northern Ireland bakery that refused to bake a cake with a political slogan. In Lee (Respondent) v Ashers Baking Company Ltd and others (Appellants) (Northern Ireland) [2018] UKSC 49, the court held that refusing to bake a cake with a slogan saying, “support gay marriage” was not discrimination. It further held that requiring them to do so would breach their fundamental Human Rights.

A Scary Legal Hammer

Lawyers.

The case is important because the Supreme Court of the United Kingdom is considered to be far more left wing than the Supreme Court of the United States, but it accepted the arguments against compelled political speech the US Supreme Court avoided and indeed went way, way further. The unanimous (not split) court judgement, delivered by Lady Hale, is here.
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Persecuted Bakers Vindicated in United States Supreme Court

I am entitled to equal rights under the Equality Act 2010. Does that mean I should be able to go into a local halal or kosher butcher and demand a pork chop? Should I be able to demand the local LGBT t-shirt and craft shops print me a t-shirt with Leviticus 18:22 spelt out in rainbow colours? A similar question was asked of Christian bakers who disagree with gay marriage for religious reasons and were asked to spell out a message contrary to their fundamental beliefs. Now the cake shop owner who stood up for their religious beliefs has been vindicated in a historic 7-2 victory in the United States Supreme Court. The ruling bucks a sinister left-wing trend to compel conduct, with extreme social justice warriors recently arguing for compelled sex under discrimination laws.

WeddingCakeMessage

This Wedding Cake bears a message – which may amount to protected speech for the purpose of the 1st Amendment to the United States Constitution.

Masterpiece Cakeshop v Colorado Civil Rights Commission is a pivotal case in United States jurisprudence. In 2012 the eponymous cake shop was visited by two homosexuals who wished to get married and asked for a custom cake. The owner refused to create a custom cake as they felt it would violate their Christian faith, although they were welcome to buy any other standard goods in the shop.

The couple sued successfully in the Colorado Courts but yesterday the Supreme Court overruled. The arguments used and the reasons given were extremely technical and worth examining in detail.

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Alt Hero Arrives and it is Good

Alt-Hero 1: Crackdown cover featuring Captain Europa and Dynamique

Alt-Hero 1: Crackdown cover featuring Captain Europa and Dynamique.

Vox Day’s eagerly awaited crowdfunded comic has finally made its debut with Issue 1 – Crackdown and it is a promising start.

Alt-Hero was offered to fans on Freestartr with a sales pitch that it would be a be a challenger and eventually a replacement for Marvel and DC on the basis that those organisations have become, “SJW-converged”. Many fans perceive the output of the major comics publishers as having declined in quality in recent years whilst clumsily pushing increasingly extreme far left views.

Vox Day set out to prove there was a market for an alternative and did so in spades. His initial campaign asked for $25,000. He made nearly ten times that – Alt-Hero raised $235,900. Like Kickstarter, Freestartr allows creators to specify a variety of awards levels including one which begins, “This is for those who could not care less about comics, but enjoy tormenting SJWs and would enjoy the privilege of triggering them […]” How could anyone resist? I went for one of the higher tiers because (a) LOL, (b) LOL and (c) Vox Day has a history of delivering quality product, albeit sometimes with delays.

Although I supported the campaign, I did so with reservations. I like much of Vox Day’s work and that of Castalia House – Mutiny in Space by Rod Walker for example. Mutiny has an eerily accurate portrayal of the far left – and its depiction of a ‘Social Party’ meeting reminded me all too uncomfortable of my youthful attendance at Labour Party meetings before I became a Conservative. However Vox can push too hard sometimes to his own detriment. Fortunately so far Alt-Hero has remained pitch-perfect satire.

WARNING – Spoilers after the Break

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After Speaker’s Corner, Tommy Robinson Should Man Up and Sue

TommyRobinson

Tommy Robinson – I do not agree with him, but he should not be silenced in this way.

I do not agree with the EDL. I am a Conservative and I do not agree with everything Tommy Robinson says. However, the destructive attempts to undermine his rights to free speech by preventing him speaking at Speaker’s Corner threaten our democracy. Even Marx and Lenin were allowed to speak at Speaker’s Corner. Yet, Robinson was stopped by police and non-UK activists Lauren Southern, Brittany Pettibone and Martin Sellner were denied entry to the United Kingdom.

The law is set up so police can get away with low grade intervention – that is, talking to people and asking them to do things not technically within their powers. However, now the authorities are clearly overreaching and Robinson, Southern et al should sue.

UK police often seek to use persuasion to resolve problems. Some are reasonable but others go too far – often under pressure themselves from politicians or others. Police will invent imaginary powers or exercise real ones with willful perversity. Such actions tend to evaporate in the face of a complaint and letter of claim, particularly if you are reasonable and keep your temper. I usually do not name police officers because when they overreach it is often in the face of a powerful complainant. For example last month barrister and MP Ellie Reeves complained about a media inquiry I sent her. After discussion, police took no further action and silence descended from Reeves.

There are those who will be instinctively hostile to Tommy Robinson. They need to realise how dangerously far the envelope of free speech in Britain has been restricted. Robinson’s views on transgender persons are more liberal than the hundreds of Labour Party feminists who are threatening to resign if the Labour NEC allows male-bodied-persons on all-women shortlists. He is more liberal on Islam than the Women’s March 2018 who walked through London to protest the encroachment on their rights, “Feminists March against Sharia Law, Gender, and Patriarchy”. He is more moderate on Islam than the LGBT group, “Gays Against Sharia”. Continue reading

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