The Gina Ford vs Mumsnet hoo-haa is bringing up a lot of difficult questions. With the libel laws as they currently are, one big question for me is this: why get involved in any start-up website if there’s a risk of being shut down, and that risk is out of your control?
Emily’s got a great post on the legal side of the Gina Ford case. As a “nosy journo” – her words, not mine
– Emily emailed Susan Singleton for her views on the matter. (Susan runs her own firm of solicitors, is editor of IT Law Today and is recognised in the Chambers Law Dictionary as one of the UK’s leading lawyers in the fields of IT, Intellectual Property Rights and Internet Law).
And she got quite a response. Highlights for me were:
“In practice many groups and individuals have used the risk and cost of litigation against small web sites. They have in effect been able to censor any debate, even lawful honest and accurate debate … The practical issue, as with most litigation, is money … It is virtually never worth taking on a rich potential litigant…
Web sites are not advised to check all posts before they are put up on the site as perversely that then makes them liable for the content … Instead, under the EU ecommerce directive and UK regulations implementing The Electronic Commerce (EC Directive) Regulations 2002, the web site owner is unlikely to be liable for the material if they expeditiously remove it when the infringement comes to their attention. In my view if they remove the offending material quickly they will not be liable…
If I were advising the site, just to avoid future trouble, I would take the coward’s way out and bow to the threats/censorship to save trouble and require users not to discuss Ms Ford. That is the simple solution for the future and the web site terms and conditions of use usually allow such rules to be imposed and posters who breach them to be barred…
If Gina Ford is saying ban all discussion of her methods then that is not lawful but a web site might choose to impose that rule just to avoid potential litigation … What lawfully can be stopped is any inaccuracies. For example I am sure she doesn’t say leave babies to cry for hours and I expect that parents on the site are likely to have suggested that is her method. That is the kind of inaccurate comment that she has every right to have corrected and taken down from the site.”
Now my first reaction to this was to sigh heavily and make myself a cup of very weak tea. As Mumsnet have said,
We don’t condone personal attacks … 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.
And, from what I can make out, they’re doing a great job of helping people. But yet here they are, trying to do the right thing, but tangled up with lawyers because someone made some over-the-top remarks. And not just tangled up, asked to close of the whole site.
The main mistake that Mumsnet have made, it seems, is to be small enough to be bullyable. Jeremy Young made a great point in the comments on Emily’s post:
“she is not getting flattering reviews on Amazon which makes me wonder if she will go after Amazon next.”
And it looks like (the again small) Bad Mothers Club are having similar issues. [thanks to Pewari for the pointer]
“Following recent communication with Gina F***’s advisers BMC has undertaken to remove any posts pertaining to her on our boards.”
So back to the cup of weak tea. As a website provider, you are basically at the mercy, legally speaking, of any wealthier people that the people you’re trying to help talk about. Even sensible sounding lawyers like Susan seem to suggest you turn and run when you hear any litigators knocking. So why – sip – should we bother with trying to do something like Little Legends? More to the point, why does anyone bother with trying to “do good things” online when you get run the risk of being treated like Mumsnet have been?
Well, for me, this isn’t about whether Gina Ford has acted sensibly or not. (I would, though, be interested to have seen what would have happened if she had joined in the discussion on Mumsnet rather than bring in the lawyers.) Nope, for me – with a website provider’s hat on – this is about freedom of speech, and disincentives. And both are linked.
All the hard work any of these website providers put in to making life easier for parents relies heavily on freedom of speech. Allowing parents and people who look after children to connect through message boards and the like, to talk about things that they are concerned about, in ways that they want is, I believe, a “good thing”. I can’t stress enough how important that is to me. A website is never about the site, but about the people who use it. For me, those connections and conversations are what breathe life into a site.
But by trying to nourish this sort of website, one runs the uncontrollable risk of having all that life, all those conversations, and all that hard work shut down for legal reasons, essentially by people who are bigger and wealthier than you.
So why bother? Why – and again, this is purely from the standpoint of a website provider – would those behind Mumsnet even begin to try to let those conversations happen? More personally, why – sigh, sip of tea, sigh – should we try to make Little Legends work? Why does anyone put in all that hard work, to start something from nothing, knowing that they could be shut down, or face punitive damages.
The short answer, I think, is T-shirts.
The longer answer is that the support and kind words that Mumsnet has been getting, from people like Emily and Pewari, is a huge validation of the service that Mumsnet have done, and continue to provide. Even if everything were to go belly up – and touch every piece of wood it doesn’t – it shows how much Mumsnet members value the site. It shows that it’s service that they think is worth holding on to. And it shows, above all, that all the hard work that Justine, Carrie, Rachel and the other members of the Mumsnet team, has helped people and not the reverse.
That’s why small websites should bother, and all credit to Mumsnet for having done so, and doing it so well.