Here's a blogger who's come under threat for criticising (UK) Kent County Council's internet-based Kent TV service. The station, paid for by tax payers in the county, is provided by Bob Geldof's production company Ten Alps. Private Eye reports (1229, p. 11):
Tony Flaig received a pompous letter from Jo Phillips, ``director of communications'' for Ten Alps, claiming he had made ``inappropriate, unlawful and damaging allegations about Kent TV and the people who work there''.
Ms Phillips, who has since left the company, concluded: ``Please therefore ensure that your blog does not publish any further defamatory statements about Kent TV. I trust you will not do so, but if you do, you should note that Ten Alps reserves the right, if appropriate to protect the reputations of our staff, initiate legal proceedings without further reference to you.''
It's unclear from the report whether Phillips made specific objections to particular assertions - a vague complaint of ``defamatory statements'' would fail to meet the Pre-action Protocol for Defamation. Flaig also received the following, from Geoff Wild, Kent County Council's director of law and governance: "If you continue to choose to exercise your right to free speech in the manner that you do - as is your right - you must expect to take whatever consequences the law provides"
And under UK libel law, that means Flaig, a railway track-layer by trade, would be forced to defend himself under presumption of guilt and without Legal Aid against a powerful organisation with infinitely larger resources. Even if Flaig is confident he's done nothing wrong, making a stand means gambling with financial ruin. That is what ``the law provides'' in the UK.
Ms Phillips, who has since left the company, concluded: ``Please therefore ensure that your blog does not publish any further defamatory statements about Kent TV. I trust you will not do so, but if you do, you should note that Ten Alps reserves the right, if appropriate to protect the reputations of our staff, initiate legal proceedings without further reference to you.''
It's unclear from the report whether Phillips made specific objections to particular assertions - a vague complaint of ``defamatory statements'' would fail to meet the Pre-action Protocol for Defamation. Flaig also received the following, from Geoff Wild, Kent County Council's director of law and governance: "If you continue to choose to exercise your right to free speech in the manner that you do - as is your right - you must expect to take whatever consequences the law provides"
And under UK libel law, that means Flaig, a railway track-layer by trade, would be forced to defend himself under presumption of guilt and without Legal Aid against a powerful organisation with infinitely larger resources. Even if Flaig is confident he's done nothing wrong, making a stand means gambling with financial ruin. That is what ``the law provides'' in the UK.
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