Give me some time and I'll get to grips with this Human Rights legislation. The trouble is, so much is open to interpretation - which, of course, is a matter for the courts (not us, not polititians and not lawyers).
Take, for example, the question of interfering with someones opinion (which is non-libelous - the opinion, that is) A good one would be that "The EU is a waste of time." If I refuse to allow that on the site, then that would be interfereing. However, if that were to be written:
"Theeusawsteottme"
and I transcribed that into words that everyone could understand, then I don't think that would be regarded by the courts as interference since I would not have obstructed the posters rights to free speech.
Equally, if someone made a posting to the effect that MartynG is a conman and another coordinator refused to allow it - is that interfereing with free speech? Again, I think not, as that statement is possibly libelous and nothing in the Human Rights Act would allow such unsubstantiated statements. Of course, it could be published, but then I would have the right to sue, wouldn't I?
Nothing is totally clear cut, which is why we exercise care on reveiwing posts.
Martyn
Message posted by mickey on 20 October 2005 at 7:09pm - IP Logged
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I am going to have one final word here and then leave.
The CTG are obviously willing and dedicated enthusiasts and have a vision and a mission to try and bring some life and joy into an otherwise dull world - with the charms of Corfu as it's theme. Bravo and a great aim.
However, when publishing on the internet one enters a public world and an international environment. Standards of English - your chosen language - vary from country to country. Anyone using Microsoft products can see how the English language is different from country to country where it is used as the first language. Also grammer and pronounciation are a matter of choice - to try and impose "standards" in a public forum to help those with little knowledge of English is perhaps a naive motive when encountered in the real world. If I write "color", in the UK that is a mistake, yet in the USA is it correct.
If I lived in South Africa and write a post I could say, "howzit china - like my takkies!. Perfectly correct Johannesburg every day language for "hello my friend, do you like my trainers". The point I'm making is that the point of correcting text is entirely personal. Therefore moderators cannot impose a "standard". The excuse that others do it does not make it right. if you don't want capital letters and red fonts disable the abiltiy for people to use them.
The note at the bottom of the post from Michelaki was grossly offensive and certainly broke the HRC. As does your censorship of posts and topics.
For Sailor to wonder why I should have got involved and quoted the HRC at them. Well, I'm sorry but as you are keen to point there are rules - if you publish in the public arena the HRC is something you must take notice of.
Censorship. I notice that this site has got more and more into censorship as time goes by. Approving topics and posts and now even grammer and punctuation. Let me put this into perspective. The countries you and I live in are furious that China allows and demands the editing and removal of postings from public forums. Quite right too - it is wrong censor anyones opinion, however you disagree with it. That I'm afraid is the price of democracy. Yet you seem to think that there is nothing wrong with censoring comments and topics as it suits. That, in fact reduces you to the same standard as the Chinese government. You do the same thing.
The essential difference between yourselves and a newspaper is that you invite and ask people to open topics for opinions, and comments and allow them to be posted in a public area. By doing this you have to accept the consequences. It is wrong to the subject that invitation to "approval" after the event.
If your software is not up to handling profanities (I notice you use the shockingly awful ASP format, so probably it's not) then get some that does. You also shoot yourself in the foot using US law to protect under 13's. Where are you, Greece or the USA? Fine, I agree that chidren must be protected - but will US federal law protect you in a Greek court? I don't think so.
I would seriously suggest you all find out about the obligations you have as a publisher - I'm not sure you really know what you are doing and are likely to find yourself in hot-water very soon. Your terms and conditions are a mess and confusing from a legal stand point, and the blossoming array of house-rules and guidelines are really dodgy.
Most frightening of all is the interception and viewing of PM's. If you actually do that - stop it immediately and go straight to jail without passing "Go". Imagine if your ISP or Microsoft intercepted all PM's and instant message systems? They be before the courts straight away and quite right too. An excuse that it's your site and you can do as you please is wrong too. PM's are just that - if you offer that service you cannot intercept or look at them. No way.
People will make comments and post that are offensive and infringe the rules of libel and slander - fact of life, you have to do want you can to prevent you, as the publishers from being held responsible. A disclaimer and allowing the right of reply helps.
Your naivity in the attempts to correct human nature has made the problem worse not better, and unless you find a way of allowing free expression (as you are obliged to do) without resorting to breaking the HRC - you should get out of an area you are simply not knowledable enough to control.
The HRC, which is there to protect us all (including Violator - I called him an idiot, my opinion and my right. He called me a t**ser, his opinion and his right to express it). If you aren't perpared to allow this type of thing close your forum completely.
Reasonable rules are fine, but you have turned the CTG into a regime. I am not a Human Rights lawyer, but I have worked in the area of publishing and broadcasting for over twenty years - and lecture on media subjects to journalists and broadcasters.
You all need training. Yes Martyn it is interfering if you invite comments, allow the poster to submit it and then censor it. You also run the risk of creating libel or slander where none existed before. Had you thought about that? No, I doubt it. And you cannot decide if a statement is breaking the laws of libel or slander, you are not a judge in a court - only they can make that judgement.
Message posted by superman (The Beach - Moderator) on 20 October 2005 at 7:36pm - IP Logged
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superman
Quote: Originally posted by Dave666 on 20 October 2005
Cor Blimey, havent been looking in much lately so I missed this thread............Some people need to get out more
My thoughts exactly.
Supe.
Message posted by BruceAndMaria (Born again CTG member) on 20 October 2005 at 8:12pm - IP Logged
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Quote: Originally posted by MartynG on 20 October 2005
Equally, if someone made a posting to the effect that MartynG is a conman and another coordinator refused to allow it - is that interfereing with free speech? Again, I think not, as that statement is possibly libelous and nothing in the Human Rights Act would allow such unsubstantiated statements. Of course, it could be published, but then I would have the right to sue, wouldn't I?
As has been made clear in several previous threads, if a forum's administrators allow a libelous post to remain on the board, they too are complicit in the libel, along with the poster. Therefore, they would be committing an illegal act by not removing it.
This has nothing to do with infringing the poster's human rights, it is simply ensuring that the law is not infringed.
Similarly, there is no harm in editing a poster's comments to make them more intelligible. In fact, in my eyes, it probably enhances the reader's perception of the poster, as they will be able to appreciate his/her argument more - rather than finding it too difficult to read to bother with it.
I was at a meeting today and someone was trying to explain something and got her words muddled, which made the whole point of her argument incomprehensible. Her colleague gently butted in and helped her to phrase it better and we were able to see the sense in what she was trying to say. Should I suggest to her tomorrow that she needs to go running to the European Court of Human Rights to complain that she hadn't been able to make a fool of herself?
We all need to sit back sometimes and remember how difficult it is when using these e-sites to properly judge someone's motives and, therefore, how easy it is to feel offended or slighted by an imagined insult.
Or, as someone else said - Get A Life!
Stuart
Message posted by terryp on 20 October 2005 at 8:38pm - IP Logged
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I wish i was a mod or co-r..(sorry about the text talk everybody but can't spell Co-ordinator or moderator) then i would have seen what billy boy had to say.
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