It is encouraging that Tory MPs are taking seriously the threat to an open society posed by PayPal’s demonetisation of UsForThem, Toby Young, the Free Speech Union and the Daily Sceptic. And it is more encouraging still that they are likely to respond to the threat through legislation – possibly through an amendment to the Financial Services and Markets Bill. It is vital, however, that they get this response right, and understanding the purported legal basis for a company like PayPal excluding a user from its services is crucial in this regard.
To get some preliminary matters out of the way, it is important first to distinguish a financial services provider like PayPal from a social media outfit like Twitter or Facebook/Meta. There is a case to be made (although it is ultimately not one I would concur with) that it is legitimate for a social media operator to exclude people who express opinions deemed undesirable by its owners. I agree, for example, with the position that the Supreme Court adopted with respect to the baker in the famous ‘gay cake’ case; it is unconscionable for the law to force the owner of a private company to propagate a message that would conflict with said owner’s sincerely held beliefs. I think large social media providers are fundamentally different from the baker in that case, but I can at least understand the basis on which somebody would argue that Twitter booting, say, Andrew Tate, is essentially the same as a Christian baker refusing to bake a cake bearing a message supporting gay marriage (or, let’s say, a hypothetical Muslim printer refusing to print a satirical magazine bearing an image of the prophet). But there is no sense in which PayPal can be construed to be said to be in this position. PayPal does not serve to propagate messages of any kind; nor are its users even publicly known or identifiable for the large part; whether or not the Daily Sceptic is a customer of PayPal places no requirement on the latter to associate itself with the expression of any view whatsoever. It is a different kettle of fish.
It is also important to acknowledge that there are legitimate reasons for a business like PayPal seeking to exclude users who express certain kinds of views that might be connected with criminal offences, even indirectly. To use an obvious and extreme example, there would be nothing wrong with PayPal closing an account it discovered to be connected to an organisation dedicated to sharing positive perspectives on paedophilia; while a group of paedophiles getting together to talk about how wonderful their predilection is would not (I think) in itself constitute a criminal offence, it is easy to see why PayPal would wish to avoid coming within a barge-pole’s distance of any suggestion it was knowingly assisting such a group. However, this kind of concern clearly would not apply with respect to the FSU, UsForThem, the Daily Sceptic or Toby personally.
A company like PayPal cannot therefore fall back on these kinds of excuses in behaving as it has done. And in any case, we can all what is really going on here – it’s nothing to do with matters of conscience or a legitimate attempt to ‘de-risk’ with respect to potentially criminal behaviour. (It is notable, for example, that PayPal appears to be ‘intensely relaxed’ about the risks of being seen to be associated with precisely the kind of paedophile support group I mentioned earlier.) This is simply a case of somebody at PayPal wishing to send a statement: “We’re on the side of the good guys, and if you’re not on our side, mind your P’s and Q’s.” The fact that a very important set of elections is due to take place in the US in November undoubtedly has something to do with this.
It is therefore entirely legitimate for Parliament to legislate to prevent this kind of behaviour, and the question thus becomes: what form should such legislation take?
Looking at the underlying purported legal justification for PayPal’s conduct will give us an answer. The recent closure of the accounts of the Daily Sceptic et al seems to have been done on the basis that these respective parties have violated their respective User Agreements with PayPal. The User Agreement, it must be said, has not been particularly clearly drafted, but this much at least is clear: PayPal may close a user’s account if the user is in breach of its terms. The specific breaches themselves in this case were not, however, made particularly clear. Initially, it seemed that PayPal was accusing the Daily Sceptic et al of breaching its Acceptable Use Policy – namely item 2 (f) of that document, which prohibits the user engaging in ‘the promotion of hate, violence or other forms of intolerance’. This obviously wouldn’t stick, though, and subsequent statements by PayPal have suggested that the accounts were closed on the basis that the Daily Sceptic et al were ‘providing false, inaccurate or misleading information’, which is on the list of ‘restricted activities’ in the User Agreement proper.
The haphazard way in which PayPal appears to have conducted itself is suggestive that the decision was made to close the accounts first, with the justification being worked out afterwards. But we do now know what its legal representatives would trot out as the purported contractual basis for closing the accounts in question: being in breach of the User Agreement by engaging in the restricted activity of providing false, inaccurate or misleading information.
And this in turn would allow us to identify the remedy in the creation of a relatively short Act (or amendment to the Online Safety Bill). I am not a Parliamentary drafter, but my suggestion would be something along the lines of:
A provider of financial services may not by reference to any contract term terminate or suspend the provision of services to a user on the basis of that user spreading false, inaccurate or misleading information, or similar, unless it is satisfied on the balance of probabilities that the spreading of said information would in itself constitute a criminal offence in the laws of England and Wales.
This would quite neatly prevent PayPal or any other such provider from doing this kind of thing in future, while allowing such operators to ‘de-risk’ for the legitimate reason of avoiding any connection to the commission of crime. The consequence would simply be to make a term of a contract between a financial services provider and a customer purporting to allow termination on the grounds of the spreading of false information, etc., unenforceable, and the legislation could be worded to give this immediate effect.
Dr. David McGrogan is Associate Professor of Law at Northumbria Law School.
Stop Press: Allysia Finley has written a good comment piece for the Wall St Journal about why the Supreme Court may well uphold the law in Texas prohibiting large social media companies from blocking speech based on viewpoint.
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Great round up as usual Will.
Whether he got it right on the details is getting tedious.
The US obviously did it, the rest is details.
One of the nitpickers agrees and apologies. Maybe Eugyppius will be next, although I doubt it, he is quite full of himself.
https://www.unz.com/mwhitney/correction-what-hersh-got-right-and-i-got-wrong/
..It’s not as if Hersch’s piece is a stand alone is it? There is, it seems to me, a lot of credible evidence that backs up what he’s saying…not least the amount of people who have said it would be destroyed…!
….perhaps another factor that speaks to him telling the truth is the lack of MSM reporting?
https://www.mintpressnews.com/media-ignore-seymour-hersh-bombshell-report-of-us-destroying-nord-stream-ii/283677/
Despite this, corporate media have overwhelmingly ignored the Pulitzer Prize-winning reporter’s bombshell. A Mint Press News study analyzed the 20 most influential publications in the United States, according to analytics company Similar Web, and found only four mentions of the report between them.
This story is not going to go away, as much as they would like it to. Apparently it’s now getting a lot of traction in Germany, which is important.
Sevim Dagdelen, an opposition MP, recently gave this speech in the Bundestag..and it’s worth a watch….
“Stop defaming the journalist & his sources! The German government must disclose its findings on the terrorist attacks on Nordstream, considering that revelations by Seymour Hersh point to the responsibility of the USA and Norway.”
https://mobile.twitter.com/SevimDagdelen/status/1625535377044905985/mediaViewer?currentTweet=1625535377044905985¤tTweetUser=SevimDagdelen
“Whether he got it right on the details is getting tedious.
The US obviously did it, the rest is details.”
What greater proof could anyone ask for?
Sorry to be tedious.
https://oalexanderdk.substack.com/p/blowing-holes-in-seymour-hershs-pipe
It might well eventually prove to be the US wot done it, but when the principle evidence is a detailed story in which the details fail, then it’s hardly definitive.
.
If the US did do it, it certainly doesn’t look as if they did it the way Hersh’s source claims.
Not a problem.
Motive, capacity and form point to only one actor.
Who benefitted the most from this?
As I said, If Hersch is wrong, it’s a distraction.
You appear to be suggesting that only the US had motive and capacity, (though I’m not sure what you mean by ‘form’).
How do you come to that conclusion?
“As I said, If Hersch is wrong, it’s a distraction.”
A distraction in what way? Distracting from what, by whom?
Of course I agree none of us know, but besides lots of other evidence, and I think common sense and likelihood…?The Pulitzer Prize winning Hersh has a proven track record of uncovering USA Government lies…
Who is oalexander?..as far as I can see he writes mainly for the usual suspects from the centre left….doesn’t mean he’s wrong but he will also have a likely agenda….
Some classic pop songs for Sam Smith to sing, with their preferred lyrics:
“I wish I was a fisher-them
Tumblin’ on the seas
Far away from dry land
And its bitter memories…”
(Fisher-them’s Blues by the Waterboys)
“There’s a star-them waiting in the sky
They’d like to come and meet us
But they think they’d blow our minds
There’s a star-them waiting in the sky
They’ve told us not to blow it
‘Cause they know it’s all worthwhile…”
(Star-them by David Bowie)
“I’m a rocket-them
Rocket-them, burning out their fuse up here alone…”
(Rocket-them by Elton John)
“I’m the tax-them, yeah, I’m the tax-them…”
(Tax-them by the Beatles)
“There must be some word today
From my non-binary-friend so far away
Please Mx Post-them, look and see
Is there a letter, a letter for me…”
(Please Mx Post-them by the Carpenters)
“Hey, Mx Tambourine-Them, play a song for me
I’m not sleepy and there is no place I’m going to
Hey, Mx Tambourine-Them, play a song for me
In the jingle jangle morning I’ll come following you…”
(Mx Tambourine-them by Bob Dylan)
“Sing us a song, you’re the piano-them,
Sing us a song tonight…”
(Piano-them by Billy Joel)
“Here is the main thing I want to say
I’m busy twenty-four hours a day
I fix broken hearts, baby I’m your handy-them…”
(Handy-them by James Taylor)
“Don’t pay the ferry-them
Don’t even fix a price
Don’t pay the ferry-them
Until they get you to the other side…”
(Don’t Pay The Ferry-them by Chris de Burgh)
“The only one who could ever reach me
Was the child of a preacher-them
The only non-binary person who could ever teach me
Was the child of a preacher-them…”
(Child Of A Preacher-them by Dusty Springfield)
“I am a line-them for the county
And I drive the main road
Searchin’ in the sun for another overload
I hear you singing in the wire
I can hear you through the whine
And the Wichita line-them
Is still on the line…”
(Wichita Line-them by Glen Campbell)
“Don’t mess with a missionary-them.
Don’t mess with a missionary-them.
Don’t mess with a missionary-them…”
(Missionary-them by the Eurythmics)
“Jazz-them take my blues away, make my pain
The same as yours with every change you play
Oh jazz-them, come on now, jazz-them…”
(Jazz-them by Carole King)
“Oh, my old them’s a dust-them
They wear a dust-them’s hat…”
(My Old Them’s A Dust-them by Lonnie Donegan)
Do you think this Newspeak will catch on?
Excellent stuff
There are opportunities for books, films, bands etc. Who said it was beyond parody?
What about poor old Manfred Mann? The Invisible Man? The Brotherhood of Man? Manchester? Fu Manchu?
Them oh them!
Them up!
Let me get this right – if I refer to that herd of cows over there as “them,” will I be guilty of hate-speech against transexuals for implying they are cows, or of speciesism for labelling cows with privileged human pronouns?
Let’s wait and see, shall we? Every new day brings new challenges…
Very creative! But shouldn’t it be ‘Minor of a Preacher-them?’….
Harriet Harperson would approve.
“Jewish scientists call on Prime Minister to withdraw antisemitism claims against Andrew Bridgen”
I should think so! Keep using antisemitism as a political big stick to beat people down who don’t tow the current line is cheapening the real issues around antisemitism.
It’s obvious this is a very serious issue for Jews and seeing this word freely bantered around in daily life will not help their cause.
Much respect to those involved!
“I foresaw the SNP leader’s fall, and the next victim of ‘Go Woke, Go Broke’ is already on the conveyor belt to his political demise, says Patrick O’Flynn in the Telegraph.”
Seems like wishful thinking. Sunak seems to be going strong, and will be replaced by woker Starmer. Biden and the loony left Dems holding up well in the polls. Most rich world governments are signed up to some form of the woke agenda – some hide it better than others.
One can only hope!!…
but I’ve realised that’s there’s little we can do….to a certain extent….I don’t know if life under Labour will be any different/worse…as I don’t think anything will change…in so much as they’ll ignore everything the people who voted for them want!
As the Coast Guy said…same train going in the same direction, just a change of driver…!?
Not just in the UK, but throughout the Western World, to a greater or lesser degree, it looks to me like there is a massive separation between what the majority populace want, and what their ‘elected’ leaders want. Short of complete revolution, I’m not sure how it can change…
It’s just a case of quiet rebellion on a personal scale at the moment!!
“…they’ll ignore everything the people who voted for them want!”
I entirely agree. The Conservatives have certainly done exactly that.
But how many of the votes Labour receives will actually be FOR Labour, rather than voters refusing to vote Conservative, and that any other vote would be wasted?
On the other hand, as it looks as if Labour are going to win easily anyway, perhaps this is one occasion when people can feel that they can vote for small parties where, in other circumstances, they would feel that they had to vote for the lesser of the two evils.
…yep, I won’t be voting for any main party…not a prayer…let’s hope the turn out is better than the West Lancs dismal numbers the other week…
isn’t it about time that we were required by law to vote in a general election and you have to get a 50%+ of the votes before you can even say you have won?
Or have I not thought it through and it’s a terrible idea?
Obviously something has got to change….
“Paul Homewood in WUWT suggests the “simple reality is that there is only limited demand for the upmarket cars currently dominating the EV sector; and many of these sales are for company cars, bought mainly for tax reasons”.”
Isn’t that the plan?
Indeed that does seem to be the plan, any rational, logical assessment will show that, given current technology, finance and resources, it is impossible to replace the UK’s current 29 million petrol/diesel (ICE) cars with electric cars. We could eventually see small micro electric cars for local use but the days when a low income person could pick up a cheap Fiesta and tour the UK on a shoestring appear to be coming to an end
“The latest data from UnHerd Britain reveals that 38% of the British population agrees that “The world is controlled by a secretive elite”, while 33% disagree and 30% are not sure.”
First bit of good news of the day. At least 38% of Brits are far-right conspiracy theorists. If only it were true and that translated to them all voting for the Heritage Party.
“When did medicine start sounding like a cult?”
So in coming generations, doctors may refuse you treatment if you disagree with their beliefs in political or social views? Scary,..shouldn’t they be concentrating on healing people?
This is like “First,do no harm” with caveats!
I’ve always wondered what sort of person would offer up their child to be experimented on by placing them in clinical trials for the Covid jabs. I figured there has to be some financial incentive involved which would attract a certain kind of broken and dysfunctional individual so that they would do something so unethical. Turns out, in the US at least, this was the case.
”What does it take to compel a parent to volunteer his or her child as a human guinea pig? Apparently, fear-based advertising and about $900 — because the University of Rochester Medical Center was inundated with willing parents when it advertised such an offer back in March 2021.
But what about parental choice? Shouldn’t they be allowed to volunteer their children for such trials? Well, is it acceptable for a parent to send his or her young child to work at a factory, sell their organs, or subject them to human trafficking? If these actions are deplorable, then how is it not unethical for a parent to profit from volunteering his or her child for a medical experiment when the child cannot possibly give consent?”
https://vigilantfox.substack.com/p/university-hospitals-paid-parents
https://www.naturalnews.com/2023-02-14-dutch-school-kids-brainwashed-to-eat-worms.html
Have you seen this Mogs?
Yeah I saw that some time ago. Nasty!
As a person I do try to look at both sides of things..even though I might fail in that regard sometimes….
so I know what I see, but I wonder what this says to you about impartiality?
“If you were a Russian mother, would you rather believe that your son gave his life heroically fighting Ukrainian Nazis, or that he died butchering innocent civilians? The former, most likely. It is not easy to admit — to oneself or to others — that you live in a country that has murdered tens of thousands of Ukrainians, or that has pointlessly sacrificed the lives of its own people.”
This is the start of the article in the roundup by Jade McGlynn…Do ordinary Russians support Putin’s war?
Is it worth reading? No…..Don’t you already know what it’s going to say? Yes, she said it in the first paragraph..is there any ‘analysis’…none whatever….
Is this obvious propaganda the calibre of MSM reporting…yes…!!
I’d much rather know if ordinary Ukrainians support Elensky’s war..but they’ll never ask…because I’m fairly sure the answer wouldn’t be the one they want….
This isn’t a long article and is worth a read….yet more dishonesty and collusion to bring the poison to the people….also explains the ‘lock-step’, as I presume this was going on everywhere?
I don’t know how I will ever believe anything anyone in any sort of position of power says to me again…I understand the people in the USA who go ‘off-grid”…it looks appealing at this stage!!
https://www.judicialwatch.org/us-and-uk-agreement/
Washington, DC) – Judicial Watch announced today it received 57 pages of heavily redacted records from the U.S. Department of Health and Human Services (HHS) that show, just two days prior to FDA approval of the Pfizer-BioNTech COVID-19 vaccine, a discussion between U.S. and UK health regulators regarding the COVID shot and “anaphylaxis,” with the regulators emphasizing their “mutual confidentiality agreement…….A lengthy, heavily redacted December 2020 email exchange shows U.S. and UK health officials placing a heavy emphasis on their “mutual confidentiality agreement” in a discussion regarding “anaphylactoid reactions” to the COVID vaccine.
On May 14, 2021, the CDC’s Dr. Amanda Cohn emailed the Office of Vaccines Research and Review Director Marion Gruber and Center for Biologics Evaluation and Research Director Peter Marks with the subject line “Coadministration of COVID-19 Vaccines with Other Vaccines During Pregnancy…..It again took a lawsuit for the Biden administration to hand over, albeit heavily redacted, information regarding the safety of the COVID vaccines that the public has every right to know,” said Judicial Watch President Tom Fitton. “This disturbing batch of new documents have uncovered a secret confidentiality agreement tied to COVID vaccine safety issues and emails that raise new questions about the vaccines and pregnancy.”
Good!
https://www.dailymail.co.uk/news/article-11755455/Republicans-SUBPOENA-CEOs-Amazon-Apple-Meta-Alphabet.html
Republicans SUBPOENA the CEOs of Amazon, Microsoft, Apple, Meta and Alphabet for all documents on ‘collusion’ with the government to ‘suppress free speech’
Excellent news. Thanks.
Don’t know if anyone has seen this…but something a ‘Free Speech Union’ might want to investigate??
Another attempt at stopping free speech, and the freedom to find, access and assess ANY information you see fit…..!!
https://www.euronews.com/next/2023/02/14/what-is-prebunking-the-new-campaign-against-disinformation-launched-by-google
In a battle against fake news, Google is launching a new campaign across Europe. The tech giant plans to release short videos showing the mechanisms at play behind disinformation.
The videos will appear as advertisements on platforms like Facebook, YouTube or TikTok.
These videos will be rolled out in Germany soon. A similar campaign in India is also in the works.
Google wants to use a technique called prebunking. You’ve probably already heard of debunking – revealing the inaccuracy of a claim – but what does prebunking mean exactly?
Think of disinformation and fake news as a disease that spreads among the population. Researchers want to contain the spread of these false claims among the population by inoculating them like a vaccine does.
All said without any irony, and utterly oblivious to their own role in constantly dis-informing the public…..and now they are advertising their total lack of self-awareness…..priceless!
The excellent informative and always watchable Jeffrey Tucker talking to Emerald Robinson about a brand new study that shows that people with natural immunity are 65% less likely to be infected with Covid..…(quell surprise!….LOL)
https://rumble.com/v29jg2c-people-with-natural-immunity-65-less-likely-to-be-infected-with-covid.html
Dr Drew has a huge audience in the USA, so his U-turn can only be a good thing
https://pharmafiles.substack.com/p/dr-drew-apologises-and-makes-the U-turn.
“I’ve said it for some time, as the hard data keeps dropping, doctors and experts have a small window of opportunity to make the switch. We will see the ones who rely on logic and data switch sides while those dependent on ideology will take as long as possible because people who rely on ideology don’t like to admit mistakes.”
https://twitter.com/CKellyUAP/status/1626052004647964674
The TGA knowingly lied to the public, deceptively stating “there have been no deaths in children determined to be linked to Covid vaccination’’ When they knew deaths had occurred
And having been busted lying they quietly deleted the lie in their latest Vaccine Safety Report…..
This is huge. Can this really get hidden from people’s awareness?
Waiting for the mass awakening is really like waiting for Godot.
There’s a plethora of ‘huge’ though, isn’t there…any single one of which should stop the bus…..but….any day now….!?
in Brasil, apparently, bills are working through Parliament that will criminalise refusal to vaccinate your children or yourself during a medical emergency, fake administration of a jab, or voicing anti vax misinformation. These will incur a jail sentence of 2 to 8 years.
Brasil, with Lula firmly installed by the machines, may turn out to be the next trial for forced vaxxing.
https://www.riotimesonline.com/brazil-news/modern-day-censorship/bills-provide-for-imprisonment-for-those-who-doubt-vaccines-in-brazil/
https://www.lifesitenews.com/news/50000-jam-the-streets-in-denmark-to-protest-possible-elimination-of-300-year-old-christian-holiday/
Denmark government wants to kill off a Christian holiday in order to raise tax.
I must be missing something. Anyway it got the people in to protest mode so that’s good.
https://www.telegraph.co.uk/news/2023/02/15/world-health-organisation-putting-us-danger/
Matt Ridley claims we are at risk of another pandemic. Fortunately I missed that one. Talk about preparing the ground.
Bloody hell.
Today’s JC report on Brain Injury caused by C-19 jabs. https://www.youtube.com/watch?v=NZhzWzoPB3M&list=WL&index=1
https://www.conservativewoman.co.uk/our-celebration-of-dissent-film/
Film of the TCW Celebration of Dissent ‘do’ on 9th February.
1 hour 35 minutes.
https://www.conservativewoman.co.uk/powering-down-britain/
Read this for an eye-watering catalogue of the destruction of our energy industry and then wonder how we are keeping the lights on.
Thanks for that link. Good article.
I see someone in the comments section has said, “Always follow the money.” How true.
Blood And Gore: Making A Killing On Anti-Carbon Investment Hype
Al Gore partnered with David Blood for an investment trust in biomass before his
environment film was made. Generation Investment Management (GIM)
Forbes, 2013
https://www.forbes.com/sites/larrybell/2013/11/03/blood-and-gore-making-a-killing-on-anti-carbon-investment-hype/
Colombia Medical School – what a bunch of nutjobs. No way would I seek medical assistance from one of those idiots. Still wearing masks?
Lord save us. Unbelievable!
….another one..BREAKING NEWS from El Gato Malo….
https://mobile.twitter.com/JohnBasham/status/1626078491560099840
BREAKING: A @Dept of Defense Source Speaking On The Condition Of Anonymity Told Me Details Of How @Joe Biden Ordered The Nordstream Pipelines Destroyed In June But Then Got Nervous & Changed Orders To PLACE THE BOMBS But Make Them Capable Of Later Detonation.
He DID NOT Inform Germany But DID Inform Norway Sweden and Denmark.
The CIA Informed Joe Biden Our Navy Had A Way To Place Bombs On Pipelines & Use A Raytheon Air Dropped Sonar Trigger At A Later Time.
The Navy Had Concerns That A Long Delay Between Placing The Explosives (C-4) & Detonating With A Sonar Drop Buoy Would Cause A Bomb Failure…
it does continue….
(As I don’t know who John Basham is I suppose we will have to wait for further news and confirmation…but if it’s true?)
The ridiculous use of capitals makes this prick unreadable.
It isn’t a plan to put the likes of Sturgeon and Ardern in and then remove them at an opportune moment, although the option is always there. Just look at the likes of Trudeau and Macron – their very essence is something that can be tossed aside when convenient – they are young, dull, vacuous. You shouldn’t worry too much about the WEF the real situation that we will be facing will be way above their pay grade If you can only look at it or take the piss out of it then you are part of the problem they just lap that up. Either you have some idea of a way out otherwise your words will be weaponised. This is several decades of corporate control and the efforts to deal with it.
You have to look at the overall dynamics. There is simply no way that there stories can’t explode and all at the same time. The defeat of the Anglo-Americans on the battlefield along with the defeat of the Brityank pharma industrial complex. If you look at the internal dymamics it is perfectly clear how they would meet their demise together. If you read writers like Quigley it was all about the managed decline of the West and how best to make the transition. I have no issue with naive people as long as they keep their mouths shut. Like Dylan said, I will know my song well before I start singing.
The real issue for all of us is that given the control that exists over us, what would a meaningful fightback even look like. You could argue that they became unassailable from the mid 1970s. And so given that they hide behind corporate anonymity and plausible deniability how do we fight back given their worldwide reach? This is the question of our times and there is no easy answer but you can at least start to ask the question.
Up the wooden Hill to Bedfordshire.
Nighty night guys, Tomorrow is a new dawn!
Continue to fight the good fight.
Rip Rachel