Randolph and I decided that for the moment Dave Bircumshaw ought to
be on review status. Since it's been raised front channel, we will
clarify the situation, although we both believe these matters are
better dealt with privately.
Our major concern was libel. Randolph and I regard this as a serious
matter. As list owners we are responsible to and for this list and
in the event of legal action, our names would be on the writ.
However, a law suit, if it was generated, would also be directed to
jiscmail. So even if nobody took legal action, if jiscmail was aware
that libellous matter was on this list, there's a likelihood
poetryetc would be shut down.
Under Australian legal law, the statements made by Dave were
unambiguously libellous. The definition of libel is roughly along
the lines of a statement made with malice aforethought which
adversely affects the reputation of a person, and which may affect
their livelihood. Since the ruling late last year that libel
generated on the internet can be tried in _any country in which the
text appears_, which led to Joe Gutnick's libel case against the Wall
St Journal being tried in Melbourne rather than in America, I'm
afraid Australian libel laws apply to all of us. Review status is a
sensible precaution under these circumstances.
Secondarily, we were concerned at the vituperative nature of a number
of posts by Dave (btw, the vituperation would be taken into account
in court in the context of determining "malice aforethought"), and
the fact that although he withdrew some remarks he has not apologised
for them, nor given us any sign that he will take more care in
future. Rightly or wrongly, we consider such postings as an abuse of
the goodwill of the list. The List Rule of "No abuse" counts for
people absent as well as those present on list, which ought to be
clear. It ought also to be clear that there is a difference between
critique and abuse. The former is always welcome.
In the circumstances, I consider our action a moderate compromise.
Dave has not been unsubscribed.
We would prefer any further correspondence to take place bc.
Best
Alison Croggon
Randolph Healy
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Alison Croggon
Home page
http://www.users.bigpond.com/acroggon/
Masthead Online
http://au.geocities.com/masthead_2/
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