p2pnet.net News:- Freedom of expression is the most fundamental of all rights. It allows the free flow of ideas and consequently, vested interests which want their views, and only their views, to prevail, have always tried to crush it.

They’re relentless in their efforts to kill free speech off- and online. But the dangers don’t apply only to corporations. Individuals, too, can use bad laws to try to have comment they don’t like quashed, as evidenced by attempts by Gina Ford, whose, “strict child rearing techniques” attract critics and devotees in equal measure,” as the Guardian Unlimited describes it.

Ford wants Mumsnet.com shut down, “claiming it has published allegedly defamatory remarks about her,” says the story.

The dangers in Canada were recently underscored by the libel case launched by new entertainment cartel member Sharman Networks, owner of the Kazaa p2p file sharing application, and Kazaa ceo Nikki Hemming, against p2pnet.

Canadian media lawyer Dan Burnett, who’s representing Newton, says the case will shine a spotlight on serious questions and deficiencies in Canada’s libel laws.

“Canadian courts have barely begun adapting the ancient law of libel to the internet age and Charter of Rights,” says Burnett, who represented the CBC and others on media access issues in the Robert Pickton serial murder trial. “The p2pnet case is going to require the courts to deal head on with some fundamental, precedent setting issues.”

Sharman has pulled out but Hemming is continuing to claim she was defamed in p2pnet stories which quoted an Associated Press report of court proceedings in which Hemming was questioned about the sale of her “multimillion dollar Sydney mansion.” As well, p2pnet contained a reader’s comment, and Sharman and Hemming were also demanding the identity of this, and other, posters.

In the Ford travesty, “Lawyers acting for the author and former maternity nurse have moved to ‘disable’ www.Mumsnet.com – a site run part-time by seven mothers – because she says numerous ‘highly defamatory’ postings have been carried in its chatrooms,” says the Guardian.

Mumsnet has become a lifeline for mothers looking for advice on everything from how to deal with a miscarriage to childcare and going back to work, says The Independent, going on, “But the website, which prides itself of providing a community for parents to exchange experiences, was facing closure after infuriating one of the gurus of childcare, Gina Ford.

“We are, and continue to be, in contact with those hosting the Mumsnet site against whom we have instruction to issue High Court proceedings for defamation,” it has a letter from Ford’s solicitor, Foot Anstey, saying. “We are writing to request that you disable the website with immediate effect.”

And it seems Ford has partially succeeded in her efforts, for the moment at least.

A post on Mumsnet says, “It is with great regret that we have to ask members to refrain from any further discussion of Gina Ford, her methods or her books on the site.”

Below are August 8 statements from Ford and Mumset co-founder Justine Roberts:

From Gina Ford through Foot Anstey:

For the last six months I have been subjected to a long-running campaign by which Mumsnet published very serious and offensive libels about me.

I attempted to resolve the matter direct with Mumsnet but they refused to acknowledge any responsibility for these publications.

Therefore I was left with no alternative but to instruct my solicitors to secure the removal of these publications.

Unfortunately Mumsnet and its solicitors agreed only to remove some of the libellous material from the website and still maintained that they had no responsibility for the material which was still being published.

I have repeatedly tried to reach an amicable settlement with Mumsnet through my solicitors but Mumsnet has refused to compromise.

A short time ago Mumsnet published an item which compared me with terrorists in the Middle East.

As can be imagined, this caused me a huge amount of upset and distress.

My solicitors contacted Mumsnet’s solicitors in an attempt to secure the removal of this offensive material.

Mumsnet’s solicitors never replied to my solicitors.

As a last resort, I instructed my solicitors to write to the company that hosts the Mumsnet website and they were informed of their legal liability for the content of the Mumsnet website.

It is true that my solicitors asked for the Mumsnet website to be removed but as the host persuaded Mumsnet to delete the publication, it was, of course, not necessary to pursue the matter further.

Any suggestion that I am trying to close down the Mumsnet website is completely untrue.

As I have repeatedly made clear to Mumsnet, I have no objection whatsoever to people discussing or disagreeing with my advice and methods concerning childcare.

What has caused me so much upset has been the defamatory campaign waged against me as a person in which I have been described in the most vile and disgusting terms.

Mumsnet continues to refuse to cease publishing these very serious libels or to accept its responsibilities as an internet publisher.

I have therefore been advised by my solicitors to consider issuing a writ in the High Court in London for libel – though I very much hope this will not be necessary.”

Mumsnet response:

Mumsnet and Gina Ford over rockets remark

The parenting website, Mumsnet, last night responded to allegations by parenting guru Gina Ford that a posting on the site claiming she: “straps babies to rockets and fires them into south Lebanon” was “a serious and very offensive libel”.

In a statement, Justine Roberts, co-founder of Mumsnet said: “It is undoubtedly a tasteless joke, particularly under current circumstances, but when the post appeared on our site no-one imagined even the most humourless reader could possibly take it seriously. But evidently we were wrong.”

Earlier in the day, “MorningPaper”, the mother who sparked the internet libel row with her posting about Ms Ford, wrote an apology on the community website, which is used by 250,000 mothers every month.

She said: “I apologise profusely to any childcare guru that I may have offended by suggesting that they are involved in military action in Lebanon and her followers for suggesting that she/they strap their babies to weapons of mass destruction.

I have read her book many times and I can confirm that this IS NOT suggested as part of any childcare guru’s recommended routine.

I apologise to any new mums who may have been confused by my post and would advise that if you are considering utilising your baby in any sort of warfare or military conflict, please speak to your health visitor first.”

Last night Mark Stephens, the lawyer acting for Mumsnet said: “The fact that lawyers are even involved in a discussion about something which is manifestly a silly joke highlights just how completely bonkers the law in this area is.”

Ms Ford claimed in a statement last night that her lawyers had only sought the closure of the Mumsnet site after they did not get a reply to a letter to Mumsnet’s lawyers demanding the removal of the “rockets to Lebanon” comments.

But last night Ms Roberts said: “That is a little rich given that Ms Ford demanded the closure of the site within hours of making the original complaint. Even the most demanding lawyers do not reasonably expect responses to complex legal letters within hours.”

David Adams, MD of Internet Service Provider, DSC, said: “Within hours of Gina Ford notifying Mumsnet of three postings she considered to be defamatory, I was asked to shut down Mumsnet completely. On investigation I found that Mumsnet had already removed two posts and told me they were in the process of removing the third. DSC responded that shutting down Mumsnet would be a disproportionate response: like saying the BBC should be taken off the air if they get a complaint about one programme.”

We don’t condone personal attacks on Mumsnet and have consistently said we will remove any and all posts which break our abuse policy as soon as we see them. The last thing we want to do is unnecessarily upset anyone – our philosophy specifically states that we are here to help people not the reverse.

What we are unable to do, because of the thousands upon thousands of posts made every day, is to pre-vet postings and of course on a website the size of ours the occasional rude remark slips through, especially given that most of our members are sleep-deprived and coping with young children.

In the very first communication we received from Gina Ford and in all subsequent ones from her solicitors we have consistently said we would happy to remove all the posts that breached Mumsnet’s abuse policy and we also offered to meet or mediate her concerns on several occasions, but were rebuffed.

(Thanks in particular to Maeve, Jen and Andrew, as well as other people who emailed p2pnet about the Mumset farce.)

Also See:
Guardian Unlimited – Childcare expert threatens to have website shut down , August 8, 2006
recently underscored – p2pnet’s Toronto trip, August 8, 2006
libel case – Cyber-libel and p2pnet, July 31, 2006
cartel member – Kazaa owner’s DRM plan, August 4, 2006
The Independent – Mothers’ website falls foul of Queen of Routine, August 8, 2006

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