Courtesy of the Daily Telegraph:
Baby expert stamps her foot at website chat
By Sally Pook
(Filed: 08/08/2006)
Gina Ford, the baby expert whose advice is either loved or loathed by parents, has demanded the closure of a popular internet site for mothers after it published what she claims to be defamatory comments about her.
The author of The Contented Little Baby Book, who is known as the Queen of Routine for her attempts to introduce structure to the lives of new parents and their babies, called comments from members a "gross personal attack" on her character and reputation.
Her lawyers have written to DSC, the company that hosts mumsnet.com, demanding that it disables the website with immediate effect.
Lawyers for the site, which receives up to 10,000 posts a day from mothers, say threatened legal action is a blow to free speech and "wholly disproportionate". Mark Stephens, a lawyer specialising in defamation and internet law, said yesterday it would prove an interesting test case.
"There has been a fairly direct discussion about Gina Ford and her methods, to which she objected," he said.
"Mumsnet was entirely happy under its abuse policy to remove the offending postings. Her lawyers' response has been disproportionate, however, in requesting entire threads of conversations between users be removed, rather than the offending comment, which means, effectively 350 people's voices are being silenced.
"To ask for the whole site to be disabled seems wholly disproportionate. Not only is it a blow for free speech, it is a blow for mothers."
Ford's lawyers first contacted Mumsnet in January after the website published an interview with her that attracted some negative postings from members.
Mumsnet removed the interview but, in April, Ford's lawyers, Foot Anstey, made further demands, including the monitoring of all posts relating to the author. Mumsnet agreed but refused to pay damages.
Last week, the lawyers complained again about further defamatory postings, which were immediately removed, before writing to the host company requesting the closure of the site.
"We feel deeply sad and frustrated," said Justine Roberts, the site's co-founder. "We have done everything we can to meet their various demands, but how can we pre-vet everything when we have 10,000 posts a day? We cannot be absolutely sure the odd comment does not slip in.
"It seems to me the law is an ass and that it allows people with deep pockets to shut down huge websites."
Mumsnet is now asking its members to stop discussing Ford, her methods or her books on its talk boards.
A statement on the website reads: "It is a surreal and rather sad moment. Surreal because, whatever you feel about her, Gina Ford is one of Britain's most respected authorities on raising babies - banning all mention of her on a website is a bit like barring discussion of Manchester United from a football phone-in. Sad because Ms Ford has plenty of fans both among Mumsnet members and here at Mumsnet HQ, indeed she was for some time a member and contributor to the site."
Mr Stephens believes the law should be changed to allow more protection for internet publishers. The Law Commission has been considering reform in this area.
In America, chatroom hosts are seen not as publishers but as "innocent disseminators". Unlike in Britain, the burden of proof rests with the person claiming defamation, rather than the publisher or the individual posting a comment.
"What we need is protection for websites to have open debate," Mr Stephens said.
"If you choose not to take action against an individual who has posted a comment about you, but then choose to take action against the website itself, you are stifling debate by preventing anyone from posting. Websites cannot be liable in this way."
Ford and her lawyers were not available for comment.
Baby expert stamps her foot at website chat
By Sally Pook
(Filed: 08/08/2006)
Gina Ford, the baby expert whose advice is either loved or loathed by parents, has demanded the closure of a popular internet site for mothers after it published what she claims to be defamatory comments about her.
The author of The Contented Little Baby Book, who is known as the Queen of Routine for her attempts to introduce structure to the lives of new parents and their babies, called comments from members a "gross personal attack" on her character and reputation.
Her lawyers have written to DSC, the company that hosts mumsnet.com, demanding that it disables the website with immediate effect.
Lawyers for the site, which receives up to 10,000 posts a day from mothers, say threatened legal action is a blow to free speech and "wholly disproportionate". Mark Stephens, a lawyer specialising in defamation and internet law, said yesterday it would prove an interesting test case.
"There has been a fairly direct discussion about Gina Ford and her methods, to which she objected," he said.
"Mumsnet was entirely happy under its abuse policy to remove the offending postings. Her lawyers' response has been disproportionate, however, in requesting entire threads of conversations between users be removed, rather than the offending comment, which means, effectively 350 people's voices are being silenced.
"To ask for the whole site to be disabled seems wholly disproportionate. Not only is it a blow for free speech, it is a blow for mothers."
Ford's lawyers first contacted Mumsnet in January after the website published an interview with her that attracted some negative postings from members.
Mumsnet removed the interview but, in April, Ford's lawyers, Foot Anstey, made further demands, including the monitoring of all posts relating to the author. Mumsnet agreed but refused to pay damages.
Last week, the lawyers complained again about further defamatory postings, which were immediately removed, before writing to the host company requesting the closure of the site.
"We feel deeply sad and frustrated," said Justine Roberts, the site's co-founder. "We have done everything we can to meet their various demands, but how can we pre-vet everything when we have 10,000 posts a day? We cannot be absolutely sure the odd comment does not slip in.
"It seems to me the law is an ass and that it allows people with deep pockets to shut down huge websites."
Mumsnet is now asking its members to stop discussing Ford, her methods or her books on its talk boards.
A statement on the website reads: "It is a surreal and rather sad moment. Surreal because, whatever you feel about her, Gina Ford is one of Britain's most respected authorities on raising babies - banning all mention of her on a website is a bit like barring discussion of Manchester United from a football phone-in. Sad because Ms Ford has plenty of fans both among Mumsnet members and here at Mumsnet HQ, indeed she was for some time a member and contributor to the site."
Mr Stephens believes the law should be changed to allow more protection for internet publishers. The Law Commission has been considering reform in this area.
In America, chatroom hosts are seen not as publishers but as "innocent disseminators". Unlike in Britain, the burden of proof rests with the person claiming defamation, rather than the publisher or the individual posting a comment.
"What we need is protection for websites to have open debate," Mr Stephens said.
"If you choose not to take action against an individual who has posted a comment about you, but then choose to take action against the website itself, you are stifling debate by preventing anyone from posting. Websites cannot be liable in this way."
Ford and her lawyers were not available for comment.
