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MP's and social media.

Re: MP's and social media.

Postby atticus » Thu Jan 18, 2018 6:18 pm

Your suggestions are no more than suggestions. MPs are free to do as they, individually, think appropriate. The approach shown in the letter reproduced in the first post has been shown to have no legal merit.

If there is a reasoned argument to the contrary, it has yet to be made.
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Re: MP's and social media.

Postby Hairyloon » Thu Jan 18, 2018 6:51 pm

atticus wrote:The approach shown in the letter reproduced in the first post has been shown to have no legal merit...

Has it? How so?
It is misguided and amateurish, but the principle point seems sound. He may have better mileage under the Equality Act for the discrimination angle.
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Re: MP's and social media.

Postby atticus » Fri Jan 19, 2018 10:31 am

A quick recap of why I have said that the points made in the template letter lack legal merit. If there is a principal point, it is unsound.

1. An MP does not act as a public authority when tweeting. The HRA is not engaged. As yet, no reasoned argument has been made to the contrary

2. It is not unlawful to discriminate, save where the discrimination is for a reason that is expressly unlawful. As yet, no reasoned argument has been made that (a) there has been discrimination, or (b) that such discrimination is motivated by a reason that is unlawful.

As indicated, reasoned arguments for a contrary view are welcome.
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Re: MP's and social media.

Postby Hairyloon » Fri Jan 19, 2018 10:39 am

You suggest that an MP has no functions of a public nature. Could you expand on that because it seems entirely wrong?

We are here discussing the general. In the specific, some cases will very likely be moved by unlawful discrimination.
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Re: MP's and social media.

Postby atticus » Fri Jan 19, 2018 10:43 am

No. What I said is that an MP does not act as a public authority when tweeting.

As to your final sentence: really? As you know, If you believe that you have been discriminated against unlawfully, you have the burden of proving it.
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Re: MP's and social media.

Postby Hairyloon » Fri Jan 19, 2018 10:55 am

atticus wrote:No. What I said is that an MP does not act as a public authority when tweeting.

The Act does not specify that it only applies to public authorities when they are acting as such, and even if it did, if the MP isdiscussing public affairs in their twittering then that would be them acting as a public authority.

As to your final sentence: really?

I suggest that very many of these blockings are a consequence of differences in belief, some of those beliefs will amount to philosophical ones covered by the act.
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Re: MP's and social media.

Postby atticus » Fri Jan 19, 2018 11:00 am

I accept that those are points of view. I think, however, that to have any chance of getting them accepted by a court or tribunal you will have to develop those arguments considerably.
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Re: MP's and social media.

Postby atticus » Fri Jan 19, 2018 11:05 am

On the applicability of the HRA,
b1969 wrote:How about a reasoned argument of the case that an MP is NOT acting as a public authority when twittering...?

See Aston Cantlow v Wallbank [2003] UKHL 37

"The purpose [of section 6(1) of the Human Rights Act 1998] is that those bodies for whose acts the state is answerable before the European Court of Human Rights shall in future be subject to a domestic law obligation not to act incompatibly with Convention rights". The UK could not possibly be answerable before the ECtHR for the acts of an MP when using social media.


There is also the question what Convention rights are alleged to have been infringed.
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Re: MP's and social media.

Postby Hairyloon » Fri Jan 19, 2018 11:19 am

I wasn't convinced by the HRA in the first place, but I thought there some scope in some cases on the discrimination angle.
Overall though, it is a bit of a mess, which is why I proposed that we look for a better solution.
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Re: MP's and social media.

Postby atticus » Fri Jan 19, 2018 8:04 pm

Just seen on twitter.

@PaulonBooks wrote:Damnation, I've been blocked by @johnredwood for suggesting that his knowledge of our country's history is less than impressive. How will I manage without his economic, political and social wisdom?
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