In 2012, the Hollywood Reporter published a glowing obituary for Patricia Disney, the first wife of former Walt Disney executive Roy Disney. In tribute to her philanthropic work, the obituary included a link to WeLovePatty.com, a memorial site where readers could donate to charities in her honor. But if you click on the link to that memorial site today, you’ll be taken to blaze4days.com, a cannabis blog offering content such as “Videos to Watch When High (Best of 2019).”
At some point, her family took down WeLovePatty.com and stopped paying for the domain name. That enabled it to be hijacked by parasitic digital marketers who trick readers into visiting sites that sometimes sell sketchy products and services. Search engine optimization consultants buy expired URLs that have been linked to by prominent news websites and redirect these domains to their clients’ sites in a bid to game search results.
The U.K. Statistics Authority just censured Director of Public Prosecutions Alison Saunders for “hugely” exaggerating rape conviction statistics – here’s a list of news outlets that published the bogus figures
Last week, the U.K. Statistics Authority formally censured Saunders for “hugely” exaggerating the 2017 rape conviction rate.
Britain’s top prosecutor has been blasted by a watchdog for claiming the number of rape convictions is more than double the real figure.
Alison Saunders, the Director of Public Prosecutions, was warned that the hugely inflated figures in a report on violence against women were ‘misleading’.
She was told in a letter from the UK Statistics Authority that the true number of people convicted of rape last year was under 1,400. This is less than half the 3,000 she alleged in the report by the Crown Prosecution Service (CPS) earlier this month.
The huge gap is because the CPS includes crimes that were originally investigated as rapes but later downgraded to less serious offences.
Last night, TV company executive Leon Hawthorne, who complained about the statistics discrepancy, said: ‘Alison Saunders went on the media to boast about how more and more rapists are being found guilty. The problem is her figures are a calculated deception.’
Here’s a list of news outlets that published the “hugely” inflated figures, including two major British newspapers that last year issued corrections as a result of efforts by this blog:
• The Independent – Last year, The Independent falsely reported that in 2016 there were “a record number of rape prosecutions (4,643) and convictions (2,689).” The paper later issued a correction “to reflect the fact that the CPS rape conviction figure of 2,689 also include cases where a conviction was obtained for an alternative or lesser offence.”
Earlier this month, the paper again falsely reported that the number of convictions for violent crimes against women including rape “had increased, from 69 per cent in 2007-08 to 75.3 per cent this year – the highest ever recorded.”
• The Daily Telegraph – Last year, The Telegraph falsely reported that in 2016, the “conviction rate for rape cases rose to 57.9 per cent of the 4,643 cases brought.” The paper later issued a clarification, plus a lengthy explanation. It did not report the 2017 statistics.
• The Guardian – Last year, The Guardian false!y reported that in 2016 there were “a record number of rape prosecutions.” The report correlated those numbers with inflated numbers of convictions.
Earlier this month, the paper again falsely reported that the “number of rape prosecutions completed rose from 4,643 in 2015-16 to a record 5,190 in 2016-17.”
Annual Violence Against Women and Girls crime report by U.K. state prosecution service inflates rape conviction rate statistics for second year in a row
Last year, I blogged about how the U.K. Crown Prosecution Service (CPS) inflated the rape conviction rate with its annual Violence Against Women and Girls (VAWG) crime report.
In a press release, the CPS claimed that in 2015-16 it convicted “more cases of rape…than ever before,” with “a rise in the rape conviction rate [from 56.9 per cent] to 57.9 percent.” Those figures were widely reported by the British press. However, a close look at the accompanying data showed that those figures included “cases initially flagged as rape where a conviction was obtained for an alternative or lesser offence” and “where a rape charge is subsequently amended.”
Efforts via this blog to report the actual figures resulted in corrections in two major British newspapers, including a page two correction in the print edition of The Daily Telegraph.
Earlier this week, the CPS released its 10th annual VAWG report. The report again boasts the “highest volumes ever recorded” of rape convictions, with a rise “from 2,689 in 2015-16 to 2,991 in 2016–17.”
The accompanying data also includes the caveat that “CPS data on successful rape prosecutions includes not only cases resulting in a conviction for rape, but also cases initially flagged as rape where a conviction was obtained for an alternative or lesser offence.” The data report further states that CPS figures include cases “where a decision is taken to charge an offence other than rape, or where a rape charge is subsequently amended.”
Did Trump plagiarise content from CNN, The New York Times, and other big news outlets on defunct Trump University blog?
Since taking office, the Trump administration has repeatedly accused the news media, particularly U.S. network CNN, of reporting so-called “fake news.”
However, it appears that between 2006 and 2010 Trump plagiarised content from around a dozen major news publishers, including CNN, USA Today, and the New York Times, on his now-defunct Trump University blog (later re-named the Trump Initiative), a weekly column in which the former real estate mogul offered advice, personal anecdotes, and opinions to budding entrepreneurs.
Here are a few of the most blatant examples (a full list is available by clicking here).
STORY HIGHLIGHTS
• Expert: Two kinds of lies – to help yourself, to protect others’ feelings
• People often tell little lies every day
• Expert: Most white lies are told to strangers
• Serious lies most often told to protect relationship
Admit it: At some point, you’ve lied. Maybe it was the time you told your aunt that her hand-knit holiday sweater was “exactly what you wanted.” Or when you explained to human resources that you’d missed the big company meeting because your grandmother died … again.
Take heart, though; you’re not Machiavellian. You’re just normal.
[…]
Most white lies (for instance, a person trying to present himself as more knowledgeable) are told to strangers.
Serious lies, she found, overwhelmingly are told to or by people close to the teller (such as a parent lying to her child about how sick a grandparent is), most often to protect that relationship.
[…]
Lying is not exactly extraordinary. In 2004, DePaulo asked college students at the University of Santa Barbara and members of the surrounding community to record every lie they told in one week. The results, published in “The Social Psychology of Good and Evil,” showed that college students lied at least once to 38 percent of the people they interacted with. Community members lied to 30 percent.
[…]
“In the abstract, it’s very easy to say, ‘Oh, we value honesty, and you should never lie,’” says DePaulo. But “sometimes in our real lives, our valuing of honesty clashes with something else we also value, like wanting to be gracious or kind or compassionate.”
In these ways, it’s unrealistic to be a completely Honest Abe.
Admit it. At some point it your life, you’ve lied. Maybe you tell white lies on a daily basis. Maybe you tell some all-out doozies. Whatever the case, don’t worry about it too much. You’re normal.
Experts say there are two kinds of lies – the lies that you tell to help yourself and the lies you tell to protect other people’s feelings, like when you tell someone they look good in that terrible pink-and-green tie.
Serious lies are most often told to protect relationships. That’s when people lie about cheating, for example. Obviously, they don’t want to get caught and they want to keep their marriages intact. Most white lies, however, are told to strangers.
Lying is not exactly extraordinary. During a recent study, people were asked to record every single lie they told in one week. The results showed that college students lied at least once to nearly 40 percent of the people they interacted with. The rest of the people lied to nearly one-third of the people. It’s amazing that lying is so second-nature to people.
So, I think it’s nice to say, “Don’t lie,” but it’s just not realistic. We do it to save other people’s feelings. We do it to protect ourselves. We do it to get what we want.
…You can tell a lot about a person by the way he or she treats the waiter.
[…]
And beware of anyone who pulls out the power card to say something like, “I could buy this place and fire you,” or “I know the owner and I could have you fired.” Those who say such things have revealed more about their character than about their wealth and power.
[…]
People view waiters as their temporary personal employees. Therefore, how executives treat waiters probably demonstrates how they treat their actual employees, says Sara Lee CEO Brenda Barnes, a former waitress and postal clerk, who says she is a demanding boss but never shouts at or demeans an employee.
[…]
Holtzman grew up in the coal-mining town of Wilkes-Barre, Pa., and in the 1950s saw opportunity as a waiter 90 miles away in the Catskill Mountains, where customers did not tip until the end of the week.When they tipped poorly, he would say: “Sir, will you and your wife be tipping separately?”
2b. From “The Waiter Rule” by Donald Trump, Trump University, April 28, 2006:
Occasionally in the business world, I’ve heard people refer to something called “The Waiter Rule.” Simply put, how you treat a waiter or a waitress reveals a lot about your character. It may sound insignificant, but over the years I’ve found respect to play a significant role in wealth creation.
You would be amazed at how poorly some people treat waiters and waitresses. They yell at them if they forget an order or spill a drink. They threaten to have them fired, or even demand to speak to a supervisor. Their actions speak volumes and reveal more about their character than anything they could say or do in the most impressive business meetings or boardrooms.
[…]
How you treat a waiter demonstrates how you would most likely treat your actual employees. It shows the true makeup of your personality and your true disposition. You might be a demanding boss, but it doesn’t mean you have to be a demeaning and nasty one.
So think twice the next time you sit down at a table and get ready to order. And don’t forget to leave a big tip.
One “bad apple” can spread negative behavior like a virusto bring down officemates or destroy a good team, according to a new study examining conflict in the workplace.
Negative behavior outweighs positive behavior, so a bad apple can spoil the whole barrel, but one or two good workers can’t “unspoil” it, researchers at the University of Washington said in the current issue of the journal Research in Organizational Behavior.
“Companies need to move quickly to deal with such problems because the negativity of just one individual is pervasive and destructive and can spread quickly,” said co-author Terence Mitchell, a professor of management and organization.
If a bad apple slips through screening in the hiring process, he or she should be placed to work alone as much as possible, the study’s lead author, William Felps, said.
3b. From “One Bad Apple” by Donald Trump, Trump University, February 25, 2007:
In nearly every workplace, there’s “one bad apple” – someone whose negative attitude is so apparent that it’s a deterrent to everyone else in the office.
It turns out that the old adage is true. One bad apple can truly spoil the whole barrel.A person with a negative attitude can spread those negative feelings like a dangerous virus, bringing down the rest of the office and destroying an otherwise healthy and well-functioning team.
A new study from researchers at the University of Washington examined conflict in the workplace. It found that negative behavior has much more of an impact than positive behavior.So while negative people can spoil an entire office environment,a couple of positive good workers can’t “unspoil” it.
“Companies need to move quickly to deal with such problems because the negativity of just one individual is pervasive and destructive and can spread quickly,” said co-author Terence Mitchell, a professor of management and organization.
[…]
Ideally, bad apples shouldn’t be hired in the first place. When you’re hiring, avoid people who in general appear combative or disagreeable. It’s a sure omen of negativity in the future.
But if it’s too late and there’s already a negative person in place in your organization, the best you can do is keep him or her working alone as much as possible. The less interaction those negative people have with the rest of your team, the better. That way, their toxic attitudes won’t spread.
…There was a lot of outrage in Italy recently after the government published every citizen’s income on the Internet. The tax authority’s website was swamped with people snooping to see how much their neighbors and co-workers and celebrities earned.
Within hours of the site going up, it was so overwhelmed that it was nearly impossible to access.
But the site stayed up for nearly 24 hours until it was suspended after a formal complaint was filed. Although critics complained that it was an outrageous breach of privacy, some government officials said they didn’t understand what all the fuss was about.
A growing majority of Americans say they will not buy a home anytime soon, the latest sign of increasing pessimism about the country’s housing crisis, a poll showed Monday.
In a vivid sketch of how the sputtering real estate market is causing distress throughout the country, the Associated Press-AOL Money & Finance poll found that more than a quarter of homeowners worry that their home will lose value over the next two years.
Fully one in seven mortgage holders fear they will not be able to make their monthly payments on time over the next six months.
[…]
The growing reluctance to dip into the housing market seems to stem partly from worry that housing prices will continue falling – good if you are buying a house but bad if you have to sell one.
[…]
Gus Faucher, director of macroeconomics for Moody’s Economy.com, a consulting firm, estimated that nine million homeowners owe more on a home than it is worth. He said his company believed home sales were at or near bottom and home values would continue to fall until early next year.
5b. From “Afraid to Buy” by Donald Trump, Trump University, May 12, 2008:
It’s hardly a surprise but in the midst of today’s terrible economy and the nation’s housing crisis, the majority of Americans say they don’t plan to buy a home anytime soon.
In fact, more than a quarter of homeowners worry that their home will lose value over the next couple of years, and one in seven mortgage holders are afraid that they won’t be able to make their monthly payments in time over the next six months.
People are worried that housing prices will continue to fall which is good news if you want to buy but obviously terrible if you have a house to sell.
In addition, we have record-high foreclosure rates and an estimated 9 million homeowners actually owe more on their homes than they are actually worth. If you’re in that situation, the best thing you can do is to sit tight if you can and try to weather out the storm.
Brown was in Bradford speaking about the new Labour Party manifesto with his colleague, assistant political editor Norman Smith, when the unnamed woman walked between the two men and said “absolutely fantastic,” giving a thumbs-up. But she was quickly pushed aside by Brown, who appeared to grab her breast. The woman then slapped the presenter on the arm before walking off camera.
Later that day, Brown tweeted: “Unfortunate interruption of broadcast in Bradford – just tried to minimise disruption but v tricky live on air – completely unintentional”.
Yesterday I asked the BBC if it was appropriate that Brown physically pushed a woman who interrupted his conversation; if the BBC agrees the woman had the right to stand on a public street in Bradford, regardless of whether or not her presence inconvenienced Brown and/or BBC News; and if Brown could clarify what he was referring to in his tweet as being “completely unintentional,” as it was clear he intended to push the woman.
Today BBC News replied that Brown’s actions were “clearly unintentional and an accident” and that “no further action will be taken.”
Dear Mr. Jones
We appreciate you were concerned by an incident in which our presenter Ben Brown accidently made contact with a member of the public who had interrupted a live broadcast on the BBC News Channel.
Ben explained what had happened in a tweet soon afterwards, which you can see below:
“Unfortunate interruption of broadcast in Bradford – just tried to minimise disruption but v tricky live on air – completely unintentional”
As Ben said, this was clearly unintentional and an accident, and no further action will be taken.
Although 2016 was by most accounts the worst year in living memory, for me it was also a lot of fun. There were yuge cultural and political upsets – right (or should I say “alt-right”?) – but there were also a couple of inspiring victories for the good guys.
Rounding off the year, the BMJ nixed a flagrantly censorious retraction demand of an article by New York Times best-selling author/journalist Nina Teicholz, who had dared to challenge the science underpinning the US dietary guidelines. More about that later.
On the blogging front, I made some winning changes in the tone and form of my writing, transforming from snarky opinionator to part-time sleuth. My efforts in this direction were not in vain, and I turned up a number of original news stories, some of which served as the basis for articles in Techdirt, FoodMed.net, FOODStuff SA, Cartoonists Rights Network International (CRNI), and the Comic Book Legal Defence Fund (CBLDF).
Blogging became an exercise in minimalism, even as I explored often strange new terrain running the gamut from issues of censorship to alternative medicine, at times bridging the nexus between free speech principles and the scientific method.
There was the Scottish police inspector who apologised for an Orwellian tweet, the British celebs who abused UK privacy laws to censor critical news stories about their open marriage, the LA-based integrative medicine organisation whose owner ‘fessed up about patient deaths, plus much more.
Special thanks to my pals in Atlanta, Peter M. Heimlich and his wife Karen, whose joint example certainly helped inspire this citizen journalist. On that note, I strongly recommend paying a visit to Peter’s website, MedFraud.info, about their “improbable odyssey” into the fraudulent world of Peter’s famous father, Dr. Henry Heimlich, of the maneuver.
And lastly thanks to my incredible girlfriend Kelsi M. White, who listens patiently to every draft of every article I write – without complaint!
Without further ado, here’s a collection of my personal favourite posts of the year in blog.
‘Advising against a potentially life-saving procedure is absolutely irresponsible’ – Meta-Medicine founder Johannes Fisslinger opens up about patient deaths in Norway
For the uninitiated, IMMA – via its online university, Meta-Health University (MHU) – claims to have trained over 1,000 practitioners in the “art and science of self-healing,” an elaborate philosophy of preventive health based on the discredited theories of Ryke Geerd Hamer, a ghoulish German doctor who lost his medical licence in 1986 after a number of patients in his care died.
During the course of a month-long e-mail exchange, I asked Fisslinger about IMMA’s relationship to Hamer, and his opinion of Hamer’s anti-Semitic conspiracy theories.
Fisslinger credited Hamer with providing the basic framework for IMMA’s philosophy of preventive health, but made clear he does not endorse Hamer’s racial views or his “do-nothing” approach to treating patients.
“I agree that Dr. Hamer’s method and therapy is ineffective or dangerous,” said Fisslinger, alluding to a 2001 Swiss study of Hamer’s cancer theories.
“[Hamer] basically did not use any therapy at all, telling people to just allow the body to heal without doing anything. This is 100% opposite to what we are doing.”
Fisslinger insists IMMA closely monitors its practitioners to ensure that they adhere to the company’s lengthy code of practice.
I asked Fisslinger if he was aware of these reports; if he had spoken with and/or reprimanded Kolås and Madsen; and if he had carried out an investigation to ensure that other practitioners aren’t advising patients to refuse potentially life-saving treatment.
“Our code of ethics and policy is very clear about this,” said Fisslinger. “A client needs to make the decision together with their doctor and the Meta-Health professional. [Advising] not to use a potentially life-saving procedure is absolutely irresponsible.”
Fisslinger said Kolås’ and Madsen’s conduct was “absolutely unacceptable” and confirmed there had been an investigation into the deaths in Norway.
IMMA practitioners Dagfrid Kolås and Bent Madsen (source)
He also denied that Kolås and Madsen were ever on IMMA’s Advisory Council.
Furthermore, Kolås – who according to Fisslinger retired “several years ago” – gave a talk (on the subject of “healing breast cancer naturally”) at the 2014 International Meta-Health Conference.
When I asked Fisslinger to clarify, I didn’t receive a response (more alt-med madness in the next article below!).
Based on Hamer’s widely discredited theories, HBCF believes that cancer can be prevented and even cured via a “biopsychosocial and holistic understanding of the body, mind, spirit and environment connection.”
Dr. Ornish’s other connections to pseudo-science have been criticised by anti-quack medicine experts, still it was surprising to see him featured alongside Quackwatch regular Dr. Bernie S. Siegel, who claims that“happy people generally don’t get sick,” and Gary Craig, inventor of Emotional Freedom Technique (EFT), sometimes described as “emotional acupuncture.”
When I asked about Dr. Ornish teaching at MHU, Fisslinger replied that he had invited Dr. Ornish to teach, but had “not confirmed anything.”
When I asked Dr. Ornish, he initially replied that he has “no relationship” with MHU. He subsequently clarified that he in fact had been invited to speak, but had “not yet confirmed anything.”
Dr. Ornish did not respond to questions about his participation in the 2007 gala and 2013 summit.
When asked about his relationship with IMMA or MHU, Dr. Katz replied that he has never endorsed any of the company’s programmes or products.
“I once gave a talk, via Skype, on my model of integrative medicine for something called the Meta Health Summit [but] that is the extent of my involvement,” said Dr. Katz.
I also asked him about his correspondence with German journalist Aribert Deckers.
A few weeks before the 2010 “Integrative Medicine Congress”– an IMMA event held in Munich, at which Dr. Katz was scheduled to appear – Deckers wrote an open letter to Dr. Katz informing him about IMMA’s ties to the notorious Hamer.
Here is Dr. Katz’s June 17, 2010 reply to Deckers:
Thank you for these precautions, Aribert.
The speech was canceled roughly a week ago; I would hope the website would promptly be updated to reflect that.
After having sent my email (Date: Thu, June 17, 2010) to Prof. David Katz, and having spoken with his office I thought that he would stop from making further contacts with the “meta-mediciners”. But that is not the case: Prof. David Katz AGAIN is on the list of speakers at a “meta-mediciner” “symposium”. But this time he can not claim to have known nothing.
Responding to Deckers’ accusations, Dr. Katz said he doesn’t recall the exchange, but reiterated that he “did not support anything,” stating: “I gave a talk, and permission to promote only that.”
As of publication, Dr. Katz is still listed as a “Guest Faculty Speaker” at MHU.
I asked Dr. Katz if he had signed-off on the sale of these videos.
Dr. Katz then referred me to his attorney, Alan Neigher, who didn’t respond to multiple requests for comment. When I again asked Dr. Katz, here’s what he sent me:
Sterling/Dean/Cartoon Character-
You have asked me the same questions several times, and I have answered them. My office has done the same. At this point, you are harassing us. Kindly state your agenda.
Best,
—
David L. Katz, MD, MPH, FACPM, FACP, FACLM Director, Yale University Prevention Research Center
Griffin Hospital
This is an overview of a story I blogged throughout 2016 about a censorious retraction demand by the Center for Science in the Public Interest of New York Times best-selling author/journalist Nina Teicholz’s BMJ US dietary guidelines critique
In December, the BMJ (formerly the British Medical Journal) announced it would not retract a “controversial” 2015 article by investigative journalist Nina Teicholz, author of NYT best-seller The Big Fat Surprise.
As reported on this blog and The Sidebar (Peter M. Heimlich’s investigative journalism blog), Washington, DC-based lobby group Center for Science in the Public Interest (CSPI) – in bed with prominent members of the DGAC – aggressively campaigned to get the article retracted.
The DGAC’s advice is consistent with dietary advice from virtually every major health authority [but] Teicholz would have us believe that only she, not the dozens of experts who systematically reviewed the evidence for these health authorities, has the smarts to accurately interpret this evidence.
One month later, a letter organised by Liebman was sent to the BMJ highlighting what it claimed were a number of factual errors with Teicholz’s article.
The letter, which was signed by over 180 credentialed professionals including a number of prominent faculty members at major universities, plus all 14 members of the 2015 DGAC, urged the BMJ to retract the article on the basis that it harmed the journal’s credibility.
However, the credibility of the letter was itself soon called into question.
As reported by the Guardian in April, none of the signatories interviewed for Ian Leslie’s acclaimed article, “The Sugar Conspiracy” – including Dr. Meir Stampfer, an influential Harvard epidemiologist – were able to name any of the “trivial” errors with Teicholz’s article, with one even admitting he had not read it.
But the most explosive revelation came in May, when Peter – with help from my sweetie Kelsi White and I – exposed efforts by another Harvard epidemiologist, DGAC member Dr. Frank Hu, to solicit European signatories to Liebman’s retraction demand which resulted in a chain e-mail exchanged by European medical professionals and university faculty.
You can read more about that, and other related items, via Peter’s blog here, here and here.
Accompanying December’s announcement, the BMJ has issued four corrections (plus three clarifications) of the 11 purported errors highlighted by the CSPI, but Editor in Chief Fiona Godlee said the journal is standing by Teicholz’s article:
We stand by Teicholz’s article with its important critique of the advisory committee’s processes for reviewing the evidence, and we echo her conclusion: ‘Given the ever increasing toll of obesity, diabetes, and heart disease, and the failure of existing strategies to make inroads in fighting these diseases, there is an urgent need to provide nutritional advice based on sound science.’
Via the BMJ’s press release, Teicholz thanked the journal for its support:
I am very grateful to The BMJ editors for their profound commitment to verifying the facts of my article and for their professionalism and integrity throughout this process. I am also grateful that they are providing a space for rigorous scientific debate, especially on a subject so important to public health. I hope the original intention of that article can now be fulfilled—to help improve nutritional advice, so that it is based on rigorous science. This will help us to better combat nutrition-related diseases that have caused so much human suffering around the world.
In a separate statement, Liebman doubled down on her position, claiming that the BMJ has “stained its reputation”:
The BMJ has stained its reputation by circling the wagons around Nina Teicholz’s discredited and opinionated attack on the science underpinning the Dietary Guidelines for Americans. The BMJ corrected or “clarified” 7 of the 11 errors cited by the letter from more than 180 scientists requesting a retraction, and failed to respond to the remaining four. (The clarifications are thinly veiled corrections.) It’s startling that despite this long list of corrections and clarifications—including several that undergirded the article’s attack on the Dietary Guidelines Advisory Committee report–the journal nevertheless stands by the article’s conclusions.
I’ll leave it to the experts to debate the scientific merits of Teicholz’s arguments. My opinion, from a free speech perspective, is that the CSPI’s retraction demand was not about merit, but about a powerful lobby group wielding its influence to try to suppress a voice of dissent.
As Ian Leslie remarked in his April 7 Guardian long-read: “Publishing a rejoinder to an article is one thing; requesting its erasure is another, conventionally reserved for cases involving fraudulent data.”
20 years ago, Teicholz might have gone the way of the beleaguered British scientist John Yudkin, and others who have dared question the conventional wisdom on nutrition. As it stands, Teicholz has survived the ordeal, in no small part thanks to the support of a committed, widespread and ever-growing group of LCHF enthusiasts.
Spreading the News – July 29, 2016
In July, leading South African health and nutrition journalist Marika Sborosreported about a dubious Harvard nutrition study into saturated fats. Sboros’ article also detailed a story first reported on this blog and The Sidebar about DGAC member and Harvard Chan professor Frank Hu’s efforts to solicit signatories to CSPI’s censorious retraction demand of Nina Teicholz’s 2015 BMJ article.
A study senior author is Dr Frank Hu, professor of nutrition and epidemiology at Harvard Chan School and professor of medicine at Harvard Medical School. On Harvard’s website, Hu says the study shows “the importance of eliminating trans fat and replacing saturated fat with unsaturated fats, including both omega-6 and omega-3 polyunsaturated fatty acids”.
He says in practice, “replacing animal fats with a variety of liquid vegetable oils” achieves this.
Hu also says in a New York Times blog the study shows that low-fat, high-carb diet doesn’t benefit health and longevity”. He says fats from fish and avocados are better than animal fats.
…Seen from another angle, Hu’s involvement can look suspiciously like another salvo in what Irish investigative journalist Dean Sterling Jones calls“Silencing Science – The War on Nina Teicholz”. In the murky politics of nutrition science, that’s not hyperbole. Jones reveals the unedifying behaviour of those opposed to Teicholz’s research.
That war began in earnest after Teicholz published The Big Fat Surprise (Simon and Schuster, 2014). In a review on the BMJ titled Are some diets mass murder?, former BMJ editor Dr Richard Smith is fulsome in its praise. He says all scientists should read it.
The war intensified after Teicholz wrote a commissioned feature highlighting the shortcomings of the DGAC report which the BMJ published in 2015. Titled The scientific report guiding the US dietary guidelines: is it scientific?, Teicholz concludes that the DGAC report “fails to reflect much relevant scientific literature in its reviews of crucial topics and therefore risks giving a misleading picture”.
…The DGAC report’s authors published a response in the BMJ calling Teicholz’s claims “misleading and unsubstantiated”. They say all their procedures were “expansive, transparent, and thoughtful, with multiple opportunities for public input through open commentary, public meetings, and hearings”.
They see nothing wrong in having a chair from industry, not medicine, science or academia: Barbara Millen. Millen has a doctorate and an academic background in nutrition. However, she is currently founder and president of the US-based start-up Millennium Prevention. The company develops web-based platforms and mobile applications to encourage better lifestyle behaviours, and for corporate, academic, and community wellness initiatives.
The DGAC refers positively to the kind of products her company sells. Millen dismisses criticisms that this constitutes a conflict of interest.
None of the DGAC report authors appears to see anything wrong in the extraordinary lengths to which Hu and Millen have gone to muzzle Teicholz. Just how extraordinary shows up in an intricate cross-posting collaboration between Jones and US investigative journalist Peter Heimlich.
Heimlich writes The Side Bar, an annex to his MedFraud website. He accessed damning emails via public record requests under the US Freedom of Information Act. These document just how far both Hu and Millen went to get the BMJ to retract Teicholz’s feature. Hu lobbied colleagues and professionals, eventually getting around 180 academics at top universities, in the US and Europe to sign a letter to the BMJ requesting retraction of Teicholz’s feature. (Other reports put the number lower at just over 170. Millen signed.)
The complaint, in the form of a court order, requested that WordPress restrict access to a Turkish blog page featuring satirical cartoons depicting Erdoğan as a tyrannical dictator, claiming they constitute“an attack on personality rights” and do not “reflect reality.”
Erdoğan’s October 9, 2016 complaint, via the Lumen Database (source)
Earlier this year, WordPress (via transparency.automattic.com) stated that, absent a US court order, it refuses to take action in response to takedown demands from Turkey.
However, it appears the offending blog page is currently geo-blocked in Turkey, and when you enter the URL into a Turkish proxy, you get this message…
When I asked WordPress if it had taken action against the Turkish blog, I received the following response from Community Guardian Janet J:
From: Janet J WordPress.com <tosreports@wordpress.com> To: **** <****@aol.com> Subject: [#2927379]: [automattic] Geoblocking Date: Mon, 21 Nov 2016 11:11
Hi there Dean,
Yes, that is correct. We are forced to geo-block the specific sites mentioned in the Turkish court orders or face a whole WordPress.com site block in the country. Instead, we direct users to a message explaining why the site is unavailable, and point them to this site:
When I then asked about WordPress’ policy of refusing to take action against bloggers, per the above mentioned Automattic statement, this was her response:
From: Janet J WordPress.com <tosreports@wordpress.com> To: **** <****@aol.com> Subject: [#2927379]: [automattic] Geoblocking Date: Mon, 21 Nov 2016 15:40
Hi there,
Thanks for the follow up.
That blog post was correct at the time of writing, but our process has since changed, in order to find the best possible compromise to allow us to continue to ensure access to the bulk of WordPress.com for users in Turkey. Rather than have sites blocked by ISPs with no explanation, we have decided to implement blocks ourselves so that we can provide alternative messaging, and an explanation for visitors to the sites in question.
There is no good solution to the issue of political censorship, and we are constantly reviewing the processes to find ways to combat it, including taking legal action in Turkey where appropriate. Going forward, we’ll look into making the current process clearer in our next transparency report.
All the best,
—
Janet J | Community Guardian | WordPress.com
I also spoke with Jaume Capdevila aka KAP, an award-winning Spanish cartoonist whose 2013 cartoon of Erdoğan features prominently on the censored blog.
“[Freedom of expression] is a basic right of people, it is a basic freedom,” said Capdevila. “The debate of ideas is fundamental, and it enriches all. Censorship is the first step towards ignorance and fear.”
He went on to explain how satire “erodes the image of power.”
“To laugh means to lose fear, and fear is what keeps the totalitarians in power. It is therefore natural to react against cartoons, against journalists, and against the Internet, which is a means by which the population can inform and organise to recover lost democracy.”
Capdevila said he felt honoured to know his cartoon had succeeded in riling the Turkish despot, whom he described as “an authoritarian politician” seeking to maintain power through fear and repression.
“As a cartoonist it is an honour to know that an intolerant prohibits one of your drawings, of course! In recent years, the satirical cartoonist is a trade with more risk… we are not heroes and do not want to be, but things like this give some sense to our trade.”
He added: “One of the best things in our job is to know that there was someone in Turkey who thought that this drawing could be useful for his struggle for freedom and used it on his blog, or wherever. The ultimate meaning of satirical drawings is to reach the maximum of people and awaken in them something…”
Spanish cartoonist Jaume Capdevila aka KAP (source)
The censored blog also features work by renowned American cartoonist Daryl Cagle, and Patrick Chappatte, editorial cartoonist for The New York Times.
In Cagle’s cartoon, the Turkish leader brazenly denies that his pants are on fire (literally), labelling his accusers “drunkard, extremist Twitterheads.”
In Chappatte’s cartoon, Erdoğan is building a huge statue of himself in Taksim Square as an “urban development project,” while angry protesters are gathered outside.
In August 2016, top Turkish cartoonist Dogan Güzel spent two days in detention following a raid on İstanbul-based newspaper Özgür Gündem (Turkish for “Free Agenda”).
In December, another top Turkish cartoonist, Musa Kart, was jailed as part of a roundup of journalists from the country’s opposition newspaper, Cumhuriyet.
Obama’s former Harvard law professor Laurence Tribe weighs in on the above post about Erdoğan’s WordPress takedown demand – after which the story gets picked up by various cartoonists’ rights publications including the Comic Book Legal Defense Fund
After I blogged about Erdoğan’s takedown demand of a Turkish political blog featuring satirical cartoons depicting the Turkish leader as a tyrannical dictator, the story made the rounds on Twitter, even being re-tweeted by Harvard law prof Laurence Tribe, whose former students include President Barack Obama and Senator Ted Cruz.
Shortly after, the story was picked up by the Comic Book Legal Defense Fund (CBLDF), a New York-based advocacy non-profit that actively defends the First Amendment (ie. free speech) rights of comics creators and publishers, including paying their legal costs.
Satirical Cartoon Blog Post Blocked in Turkey December 9, 2016
By Maren Williams
A blog post featuring satirical cartoons of Turkish President Recep Tayyip Erdoğan is currently blocked by court order inside Turkey but freely available elsewhere, highlighting the delicate balance between intellectual freedom and local laws that online hosting platforms must maintain if they wish to operate internationally.
The post on a Turkish blog hosted by U.S.-based company (and CBLDF.org host) WordPress was originally made in November 2013, but only blocked this October after an Istanbul lawyer representing Erdoğan filed a court order alleging that the cartoons were libellous and untrue. According to independent U.K. journalist Dean Sterling Jones on his own blog, WordPress had announced earlier this year that it would ignore any potential takedown requests from the Turkish government. The reality of an actual court order may have forced it to reconsider, however: as a representative told Jones via email, the company was “forced to geo-block the specific sites mentioned in the Turkish court orders or face a whole WordPress.com site block in the country,” meaning that all blogs and other sites hosted on the platform would be unavailable there.
Faced with no ideal options, WordPress chose to geo-block the specific site requested within Turkey but direct users to a multilingual site with directions for circumventing online censorship via services such as VPNs and Tor. It also reported the takedown to the Lumen database, and the WordPress rep identified as Janet J told Jones that the company is brainstorming ways to maximize intellectual freedom and transparency for its users:
“There is no good solution to the issue of political censorship, and we are constantly reviewing the processes to find ways to combat it, including taking legal action in Turkey where appropriate. Going forward, we’ll look into making the current process clearer in our next transparency report.”
Jones also spoke with Spanish cartoonist Jaume Capdevila, whose work was among the panels featured on the blocked page and also reproduced above. He expressed pride that a Turkish blogger found his cartoon “useful for his struggle for freedom,” and highlighted the importance of laughing at authoritarian leaders through satire:
“To laugh means to lose fear, and fear is what keeps the totalitarians in power. It is therefore natural to react against cartoons, against journalists, and against the Internet, which is a means by which the population can inform and organise to recover lost democracy.”
The takedown order also comes at a time when Turkish cartoonist Musa Kart has been imprisoned for over a month along with several journalist colleagues from Cumhuriyet newspaper. Erdoğan has used a failed coup attempt in July as an excuse to crack down on journalists, academics, judges, and government workers who do not toe the line. Kart and his colleagues are now facing charges of colluding with the Gulenist movement which Erdoğan blames for the coup, as well as with the Kurdistan Workers’ Party (PKK).
The story was also reported by Catalan-based cartoonist J.R. Mora on his website, available to read by clicking here; by Jerusalem-based civil rights activist Steve Amsel on his website, available here; by Pittsburgh, PA-based website Comics Workbook, available here; and by the Cartoonists Rights Network International, available here.
One of the most bizarre stories to feature on this blog last year involved a fake lawyer who falsely claimed to represent a US police department in a failed attempt to have mugshots scrubbed from Google’s search engine – here’s what happened
In November, I blogged about a DMCA complaint by so-called ‘legal agent’ Mike Ferrell who claimed to represent the Burlington, Massachusetts Police Department, demanding that Google remove news stories because it violated the copyright the police department held on certain mugshots.
Mike Ferrell’s incomprehensible November 8, 2016 DMCA complaint to Google (source)
When I passed the story on to TechDirt, I was awaiting a response from the Burlington PD to my request for comment. The following week, TechDirt founder Mike Masnick, who coined the term “The Streisand Effect,” reported that the department had contacted him putting the record straight.
Mike Kent, the Chief of Police in Burlington reached out to us over the weekend to let us know that whoever sent the notices, it was not his department. He says they have no one working for them by the name of Mike Ferrell, and that the Burlington PD “has no issues whatsoever with these mugshots being used.”
So… that leaves open the question of just who is impersonating the Burlington Police Department, and filing completely bogus DMCA notices in an attempt to censor news stories. It would seem that the most obvious options are those who were featured in those stories about arrests in Burlington. The very first notice that Ferrell sent, focused on stories about a particular prostitution sting, and named the nine men who were arrested, along with mugshots. It would seem that perhaps one (or more!) of those nine men would have pretty strong incentives to seek to have those stories deleted from Google.
Either way, we’ve been pointing out for years that copyright is an easy tool for censorship — and here’s yet another example. If you want something censored, just try to work out a copyright connection of some sort. In this case, it appears to have failed, but mostly because whoever filed it wasn’t very good at pretending to work for the police.
As I later discovered via a public records request to the Burlington PD, Kent had drafted a clarifying e-mail which he had intended to send me prior to TechDirt publishing the story. For whatever reason, he did not send that e-mail.
To reiterate: the Burlington PD did not use Google’s DMCA takedown system to attempt to censor journalists reporting about arrests made by the department. Luckily for me, Kent is a right-on dude and didn’t hold it against me for incorrectly reporting about his department.
Carter-Ruck Lawyers passes the baton to Schillings solicitors in Elton John three-way tabloid scandal, but where does that leave Internet users threatened with legal action?
The juiciest celebrity news story of 2016 went unreported by the British press thanks to strong-arm legal tactics by David Furnish, husband of pop singer Elton John.
As you didn’t read in the newspapers, Furnish was allegedly given permission from his famous hubby to participate in a three-way sexscapade with British businessman Daniel Laurence and his husband Pieter Van den Bergh in a paddling pool of olive oil.
The story as reported by the National Enquirer in April (source)
When Laurence and Van den Bergh decided to go public with the story, Furnish took out an injunction – dubbed the “cheater’s charter” – preventing papers in England and Wales from revealing the names of those involved.
But efforts to squash the story didn’t end there.
Earlier this year, non-UK Twitter users began tweeting e-mails they received from Twitter’s legal department demanding that they delete tweets outing John and Furnish as the celebrity couple first identified in court documents as “YMA” and “PJS.”
As an experiment, I set up a pseudonymous Twitter profile and tweeted about the story.
Sure enough, within a few days I received the following e-mail.
Twitter didn’t respond to multiple requests for information about the complainant and the nature of their complaint, so I took my enquiry to Carter-Ruck Lawyers, a British law firm known for using aggressive legal tactics to squash negative news stories about its celebrity clientele.
According to court documents, Carter-Ruck represented Furnish when the National Enquirer broke the story in April. However, when I asked Carter-Ruck’s Managing Partner Nigel Tait about his firm’s legal shenanigans, he forwarded my questions to defamation lawyer Jenny Afia of Schillings partners, another British firm specialising in reputation and privacy.
Unfortunately, Afia declined to comment on whether Schillings represents Furnish, or if it intends to pursue offending Twitter users.
Although Google ultimately didn’t enforce the request, Winnifrith said his web hosting provider took down his website following a legal threat from Web Sheriff.
“WS [Web Sheriff] contacted our hosting company and bullied it into taking our site down and only putting it back up if we pulled the article,” said Winnifrith. “That hoster cravenly did this even though WS had no power to threaten.”
He continued: “I asked WS on whose authority it was demanding we pull content since that authority was actually vested with the UK Courts not a US law firm. I asked if it was acting for Mr. John. It refused to reply.”
When I asked Web Sheriff similar questions, I received no reply.
Self-proclaimed “Web Sheriff” John Giacobbi (source)
It isn’t the only time an article about the scandal was pulled following legal threats.
In May, an article by Irish political activist and blogger Paddy J. Manning was pulled from MercatorNet, an Australian opinion-based news website.
According to Manning, MercatorNet was forced to take down the article after the website’s web hosting provider was threatened with legal action.
Irish electoral candidate Paddy J. Manning (source)
“MercatorNet warned me that the website was run on ‘the smell of an oily rag’ so that if they were sued in Australian courts they would capitulate,” said Manning. “They received several warnings but no effective legal correspondence outside of threatening e-mails.”
He continued: “It was their hosting company who were threatened successfully with a court action against their mirror/backup in Florida. No legal action was taken against the host; the threat was enough.
“This was a perfect lesson in the brittleness of the web, how weak some constituent parts are and how quickly they snap.”
– Redressing an unfurnished press
Thanks to the Internet, unflattering details about celebrities’ personal lives are accessible to anyone who wants to know. Ironically, there appears to be little public interest in Furnish’s affair, as demonstrated by the scanty coverage it initially received in the US.
It’s perhaps an indication of the futility of Furnish’s efforts that, since April, Google has removed just two of the 447 offending URLs flagged by Web Sheriff. Nevertheless, the residual chill from the injunction can be felt as far as the US and Canada.
Via a US proxy, the National Post’s April 11, 2016 article (source)
However, when I asked Hopper about Web Sheriff, he said the Post geo-blocked his article after being contacted by Fasken Martineau, an internationally renowned Canadian business law and mitigation firm with offices in London and Toronto.
“Web Sheriff did not contact us, but we did hear from a lawyer hired by Mr. Furnish,” said Hopper, referring to the Canadian firm.
He added: “It might be Furnish or Elton John’s regular Canadian lawyer. At a certain level of fame, I imagine you’ve got a lawyer on speed dial for every major country, whether it be for copyright issues or signing contracts or the like.”
About the Post’s decision to geo-block his article in the UK, Hopper said: “[The] legality is murky, but I do believe it was done on the belief that we become subject to UK law once we enter UK web space.”
Unfortunately, Fasken Martineau did not respond to multiple requests for comment.
“[We] would have done well to follow the THINK advice ourselves” – Police Scotland apologises for “Orwellian” tweet
On April 1 – also known as April Fool’s Day – the Greater Glasgow Police force issued the following, rather cryptic warning via Twitter urging Internet users to “think before you post or you mayreceive a visit from us this weekend.”
Unsure whether or not the above tribute to George Orwell was intended as an April Fool’s joke, I e-mailed Police Scotland asking what precautions social media users should take to avoid receiving a visit from Glasgow coppers.
Shortly after, I received this thoughtful, informative and – dare I say it, yes – good-humoured response from Inspector Kenny Quigley of Police Scotland’s Safer Communities Department, Greater Glasgow Division:
Dear Mr Jones
Thank you for taking the trouble to contact us regarding the recent ‘tweet’ from our Greater Glasgow Police Twitter account. Firstly, may I apologise for the concerns this has caused you personally as it undoubtedly has for others judging from the reaction on social media, both positive and negative, over the past few days.
This message and acronym ‘THINK’ came from a third party account and was originally ‘re-tweeted’ by a community police team in Lanarkshire and then subsequently re-tweeted by other police teams. Likewise, our Safer Communities team in Glasgow saw these re-tweets (we all follow each other’s accounts for key messages to promote) and thought it was a simple enough message to encourage people to avoid hateful comment on social media which is often reported to the police as bullying, trolling etc.. This message seemed to us particularly pertinent following the dreadful events in Shawlands which had led to some people ‘trolling’ messages of support for the Shah family and wider community. Occasionally, such trolling crosses the boundaries from being merely distasteful into criminality under various hate crime legislation or indeed domestic abuse or threats.
To answer specifically your question, there is no test applied by my officers as to what passes the THINK criteria. Clearly, that is not the Police Service’s role and we are concerned with investigating reports of behaviour on social media that is suspected to be illegal. We are certainly not the ‘good taste’ police nor are we in any way seeking to stifle free speech – indeed, we regularly police public events where opposing groups do not agree with alternate political standpoints but we ensure that Articles 9, 10 and 11 of the European Convention on Human Rights are protected.
As such, the colloquial phrase, “receive a visit from the police” which appears in this controversial tweet is misspoken and misleading. Such police action may only be applied when a crime or offence is reported to us by another member of the public – we do not routinely monitor social media as frankly, we are far too busy answering calls from the public for assistance, investigating reported and detected crimes and undertaking a myriad of other duties than to find time to police the internet as some pressure groups would rather have us doing. Of course we do investigate cybercrime but that is a new and rapidly developing area of law enforcement not concerned with name-calling or offensive remarks on social media. I am sorry this phrase “receive a visit” was used in the tweet and rest assured, the officer who tweeted this message is sorry too – it was certainly not their intention to cause a furore or any confusion in this regard.
Thank you again for taking the time to write to Police Scotland. It is through practical criticism and challenge that we learn how better to police our communities with the public’s consent and support. Social media is undoubtedly a great opportunity for the Police to quickly and effectively communicate with the public but it also carries the risk of getting our messages wrong on occasion. I hope I have reassured you that we do not apply a THINK test when assessing complaints about social media and that on this occasion, we would have done well to follow the THINK advice ourselves before tweeting that message.
Yours sincerely.
Kenny Quigley
Inspector Kenny Quigley G2436
Greater Glasgow Division
Safer Communities Department
Glasgow City Centre Police Office
With reservations as to whether Police Scotland should have any jurisdiction over social media, Inspector Quigley’s answer helps settle the dystopian impulse to invoke 1984.
After Scottish police arrested North Lanarkshire man for extremely silly Nazi dog video I asked authorities to advise dog owners on how to behave their pooches online
In May, Scottish police reportedly arrested a 28-year-old man from North Lanarkshire on hate crime charges because he posted a video online of his dog gesturing a Nazi salute.
The video/apology, via SWNS TV (trigger warning – fascist pug):
In an e-mail, I asked Police Scotland to further advise on what precautions dog owners can take to avoid causing offence online, stating my concern that police interference could have a ‘chilling effect’ among people who wish to upload videos of their dog to the Internet, “but who are worried that the canine’s natural proclivity to raise its paw on command might be misinterpreted as offensive.”
BBC Newsbeat says it aimed “to provoke conversation” with tweet about Ukrainian serial prankster Vitalii Sediuk’s alleged sexual assault of reality TV star Kim Kardashian
Newsbeat was roundly criticized for using “clickbait rhetorical questions as headlines” and “legitimizing an indefensible POV,” as award-winning English author Joanne Harris (MBE) charged in a series of tweets.
I put Harris’ questions to Newsbeat, along with my own question asking if the BBC believes there’s any ambiguity about whether it’s “OK to grab a woman on the street” – prank or not.
Here is the BBC’s October 5, 2016 reply:
Hi Dean,
Thanks for contacting us about the Kim Kardashian tweet.
We accept it could have been worded more carefully.
We swiftly followed it up with a second tweet, headed “obviously not”.
Broadly our tone is more informal than the rest of BBC News but we do aim to provoke conversation around topical issues like this one.
We were not in any way legitimising the “prank” carried out by Vitalii Sediuk.
The target of Roura’s ire was an October 5 tweet in which Crowley, pictured standing next to a segment of the Berlin Wall, joked: “At the Berlin Wall last week. Walls work”.
Salon’s article as it appeared on October 5, 2016
Hawk-eyed readers will notice from the above screenshot that Crowley’s tweet is dated October 5, 2015 – not 2016, as Roura stated in her article.
That day, shortly after making a corrections request pointing out the mistake, I received the following reply from Salon’s senior art director Benjamin Wheelock:
Thank you for bringing this error to our attention, it has been corrected.
Salon’s (unintentionally?) hilarious correction states that “due to a reporting error” Crowley was “incorrectly labeled the Bullsh**ter of the Day” and includes an obvious misspelling of her name:
Let this be a lesson to aspiring writers: waste time writing snarky nonsense, and one day you could end up having to shovel your own bullsh*t.
Busted: Purported Guardian article hoax by prankster Godfrey Elfwick was itself a hoax – but the true author remains anonymous
In November, the Guardian newspaper ran an anonymous article about how its author was almost turned into a racist after being exposed to right-wing views online.
Shortly after the article was published, social media prankster Godfrey Elfwick – who had already duped the BBC World Service into allowing him to disparage Star Wars as “racist and homophobic” during a live radio broadcast – claimed authorship of the article.
In support of his claim, Elfwick shared an image of a Microsoft Word document on his computer with a similar title but with an earlier date than the Guardian article.
Perhaps owing to his success at hoodwinking the BBC, many on Twitter – including award-winning US writer and leading New Atheist Sam Harris, whose views on Islam are cited in the article as having helped lead the author to almost becoming a racist – seemed to accept Elfwick’s claim of authorship at face value.
This led to a high-profile Twitter spat between Harris and eminent US journalist Glenn Greenwald, who accused Harris of engaging in “hatermongering against Muslims.”
When I asked the Guardian to comment on whether Elfwick authored the article, I received the following response from Readers’ Editor Paul Chadwick:
From: Readers’ editor (Guardian) <guardian.readers@theguardian.com> To: **** <****@aol.com> Subject: Re: Question about Anonymous Guardian article re: possible hoax Date: Tue, 13 Dec 2016 15:45
Dear Dean Jones,
Thank you for your email.
The Guardian has stated in response to specific media enquiries that it is confident about the authorship of the article.
I have separately looked into the matter and can assure you that the claim of authorship made on Twitter is not supported by the evidence offered on Twitter by the person claiming authorship.
In its original format the material submitted to the Guardian for the article is markedly different in several ways from what was claimed on Twitter to be a print out of the article as submitted by its author.
I can understand why the Guardian has taken the approach that it has taken to this matter. You would agree, I’m sure, that there is no point encouraging trolls by paying them attention.
Thanks again for making contact.
Paul Chadwick Readers’ editor
Guardian Readers’ editor’s office
Guardian News & Media
In a follow-up e-mail, I asked Chadwick about his paper’s vetting processes for anonymous contributors, stating my concern that “without being able to provide demonstrable evidence that an article is genuine, you open the doors to false claims of authorship.”
Here is his January 3, 2017 response:
From: Readers’ editor (Guardian) <guardian.readers@theguardian.com> To: **** <****@aol.com> Subject: Re: Question about Anonymous Guardian article re: possible hoax Date: Tue, 3 Jan 2017 19:20
Dear Dean Jones,
Yes, there are processes for vetting contributors, but I am sure you will understand that if they are to maintain their effectiveness it is counterproductive to detail them.
Yours sincerely,
Paul Chadwick
Readers’ editor
Guardian Readers’ editor’s office
Guardian News & Media
While Elfwick didn’t quite manage to pull the wool over our eyes, this episode raises an interesting question: without being able to verify the identity of the author, how can we know the article isn’t a hoax?
After the Crown Prosecution Service fudged the rape conviction rate I asked The Daily Telegraph and the Independent to correct their articles – here’s what happened
In September, I reported that the UK Crown Prosecution Service (CPS) had seemingly exaggerated the 2015-16 rape conviction rate.
Via a press release, the CPS claimed it was “convicting more cases of rape…than ever before,” with “a rise in the rape conviction rate [from 56.9] to 57.9 per cent.”
These figures were widely reported in the British press, including the Independent…
Snapshot of the Independent’s Sept. 6 article, via the Wayback Machine (source)
…and the Daily Telegraph.
Snapshot of The Daily Telegraph’s Sept. 6 article (source)
However, a close look at the CPS’ 2015-16 Violence Against Women and Girls (VAWG) crime report reveals that the rape conviction rate “includes cases initially flagged as rape [but] where a conviction was obtained for an alternative or lesser offence” and “where a rape charge is subsequently amended.”
Shortly after, I received notification from the Independent’s readers’ liaison assistant Jane Campbell that the article has been updated.
Dear Mr Jones,
Thank you for contacting us via our online complaints form. We are always glad to hear from our readers, whether or not feedback is positive, and I am grateful to you for taking the time to get in touch about ‘Revenge porn prosecutions number ‘more than 200′ just 18 months after law change’ (6 September).
Your point is well taken and the article has now been changed to reflect that rape conviction figures also include cases where a conviction was obtained for an alternative or lesser offence.
I hope that, in spite of your concerns on this occasion, you will continue to read and enjoy The Independent. And please do not hesitate to contact me again in the future should cause arise.
With best regards
Jane Campbell
Readers’ liaison assistant
The statistics cited in the article come from the CPS report you identify and were relayed to our journalist via a CPS press release; as an official authoritative source, it was one on which she was entitled to rely, and the information was published in good faith.
Regarding the disparity between CPS and MoJ figures that you highlight, the VAWG report makes clear that whereas the CPS rape figures are compiled over the financial year, the MoJ collects its figures for the calendar year. Moreover the latter represent cases charged and convicted for rape only; as you say, CPS figures include not only cases resulting in conviction for rape, but also those “initially flagged as rape where a conviction was obtained for an alternative or lesser offence.”
This is clarified by the VAWG report on p49:
“From CPS data 2015-16, 4,518 (98.6%) of cases initially flagged as rape were finally prosecuted for the principal offence categories of ‘sexual offences, including rape’ or more serious principal offences of ‘homicides’ or ‘offences against the person’. Of these, 3,972 were for sexual offences including rape; three for homicide and 543 for offences against the person’. Only 1.4% were for offences less than ‘sexual offences, including rape’ ”.
Where most rape cases under the CPS definition were indeed finally prosecuted as ‘sexual offences, including rape’, it does not appear that the CPS conviction statistics cited in our article are likely to be significantly misleading. Neither are they clearly irreconcilable with MoJ figures, as you suggest. Following your complaint, we asked the CPS how many convictions in the category ‘sexual offences, including rape’ were ‘pure’ rape convictions. They told us that this information is not available.
We are content to clarify this, and we will publish the following in our Corrections and Clarifications spot in a forthcoming issue of the Daily Telegraph. A version appropriate for context has already been added to the foot of the online article:
Rape conviction rate
An article on Sep 6 reported on CPS figures showing that the conviction rate for rape rose in the year 2015-16 to 57.9 per cent of prosecutions brought. We wish to clarify that though these cases were initially flagged as rape, CPS data show that the majority were eventually prosecuted in the principal offence category of ‘sexual offences including rape’. A breakdown of outcomes in this category is not available.
I trust that this is satisfactory.
Yours sincerely
Jess McAree | Head of Editorial Compliance
telegraphmediagroup | 111 Buckingham Palace Road, London SW1W 0DT
The following month, a clarification was also published in “Corrections and Clarifications,” Page 2 of the print edition of the Telegraph.
Concluding the search for “Special Notice 11/02,” the Met Police’s never-before-seen document overturning the presumption of innocence
In May, I blogged about my enquiry to the UK’s Metropolitan Police Service (MPS) requesting a copy of “Special Notice 11/02,” an official police document issued in 2002 which – according to a controversial Feb. 10 Guardian article by former Met commissioner Bernard Hogan-Howe – said that officers should “accept allegations made by the victim in the first instance as being truthful.”
Bernard Hogan-Howe’s February 10, 2016 article (source)
Shortly after, I received a copy of “Special Notice 11/02” from the Met’s Information Rights Unit. As far as I’m aware, this marked the first time the document has been made available to a member of the public, thus answering questions raised by legal expert Susanne Cameron-Blackie aka blogger Anna Raccoon (you can read her post on the subject by clicking here).
Special Notice from 2002 (11/02) has never been made public. I have had to work from excerpts which appeared in a 2013 hearing regarding compensation for victims of John Warboys, and an old Observer article; it might appear to be the Holy Grail for those like myself seeking the origins of the dramatic change in policy that #Ibelieveher represented – but I confess, I am no nearer to discovering who wrote that Special Notice nor why – if you can throw any light on this I would be grateful.
First, Special Notice 11/02 does indeed appear to reverse the presumption of innocence for suspected sex offenders (however, the wording is slightly different to that used by Hogan-Howe in the Guardian). Here’s what it says:
Second, the document appears to have been authored – or at least approved – by the Assistant Commissioner of Territorial Policing.
In 2002, this position was held by Michael J. Todd QPM (deceased), who was appointed chief constable of the Manchester Police Service later that year.
Click here to read a copy of “Special Notice 11/02.”
Downing Street used misleading data from “right-wing think tank” to “name and shame” universities that host “extremist” speakers, newly released e-mails show
Late 2015, Downing Street unveiled its updated Prevent strategy requiring universities and colleges to “stop extremists radicalising students on campuses.”
Citing work by Whitehall’s Extremism Analysis Unit (EAU), Downing Street claimed that in 2014 there were “70 events involving speakers who are known to have promoted rhetoric that aimed to undermine core British values of democracy.”
Honouring the former PM David Cameron’s pledge to “name and shame” institutions that host “hate speakers,” four universities were singled out: King’s College London, Kingston University, Queen Mary, and the School of Oriental and African Studies (SOAS).
Downing Street’s September 17, 2015 press release (source)
However, e-mails recently obtained via a public records request show that much of the data attributed to the EAU in the above press release – including information used to “name and shame” universities – was taken from a misleading July 2015 report by Student Rights, an arm of “right-wing think tank” the Henry Jackson Society.
For instance, the Student Rights report “lists the four London universities mentioned by Downing Street in its own table of most-visited universities. It also includes a list of former students later convicted of terrorism-related offences – of whom eight are also mentioned in the press release.”
Top: The Student Rights report (source) / Bottom: Downing Street’s press release (source)
The appropriated data was used to put a favourable spin on the government’s controversial counter-terrorism measures in a supporting statement by David Cameron, who prefaced his comments about “making sure that radical views and ideas are not given the oxygen they need to flourish” with a caveat about not “oppressing free speech.”
But efforts to assuage concerns about the possible chilling effect on free speech failed to convince, and the PM’s arguments in favour of limiting speech faltered under scrutiny.
Via the Independent, two of the four universities “named and shamed” by Downing Street denied hosting any of the so-called “hate speakers” listed in the press release, calling into question the premise that British universities are “hotbeds” of terrorist activity.
There were also questions about the list of convicted former students, two of whom were supposedly radicalised during their studies.
“Both reports cite the example of the so-called underwear bomber, Umar Farouk Abdulmutallab, who attempted to set off a bomb on a Detroit-bound plane in 2009, even though an inquiry by University College London found no evidence to suggest that he was radicalised while a student there.”
Top: The Student Rights report / Bottom: Downing Street’s press release
“Roshonara Choudhry, who was jailed for life for stabbing Labour MP Stephen Timms in 2010 shortly after dropping out of King’s College London, also appears in both documents. She admitted to having been radicalised by watching over a hundred hours of speeches on YouTube, and said she dropped out of King’s because she felt it to be ‘anti-Islamic.’”
– So how did Downing Street get it so wrong?
As this “URGENT” September 16, 2015 e-mail shows, Downing Street’s press office was still in the process of collecting data the morning prior to publication.
Per this quick response to the above request to fact-check an early draft of the press release, the office was then urged to “amend the figures for numbers of events in 2014.”
It was suggested using the dubious Student Rights report in response to the office’s request for “case studies on extremists speaking on campuses.”
Downing Street has yet to substantiate its claim that in 2014 “at least 70 events featuring hate speakers were held on campuses” – the only figure in the press release to have come from the EAU – with the Home Office refusing to provide a more detailed breakdown.
Assuming this figure is accurate, why did one of Downing Street’s internal fact-checkers request a correction? It seems that Downing Street was determined to find facts to fit its agenda, even ignoring calls to amend figures later used to smear British universities.
In doing so, it betrayed the supposedly “British values” of open debate, free speech and political dissent it originally claimed to protect.
– To ban or not to ban?
Also contained in the e-mails is a “trial script” of the press release, plus an early draft of a scolding letter from Minister for Universities and Science Jo Johnson to former president of the National Union of Students (NUS) Megan Dunn.
As stated in the published version of the press release, the updated Prevent guidance requires universities to “ensure those espousing extremist views do not go unchallenged.”
This means that when a university suspects an external speaker of holding “extremist” views, they must not be allowed to speak unless the “risk” of allowing them to do so is“mitigated by challenging the speaker…with someone holding opposing opinions.”
However, as this “trial script” of the press release shows, Downing Street was still toying with the idea of a ban on “extremist” speakers right up until September 16, 2015, just five days before the updated guidance came into force.
In the published version of the Jo Johnson letter, the Business, Innovation and Skills (BIS) minister urged the NUS to end its “overt opposition” to Prevent, citing the “legal duty that will be placed on universities and colleges.”
However, per this early draft of the letter, Johnson chastised the NUS for its supposedly “inaccurate, outdated” and “misguided opinions,” which he claimed left no space for “balanced debate.”
Responding to the revised letter, Megan Dunn said that she was confused about why the government was so focused on the NUS, as “students’ unions are not public bodies and therefore not subject to the act.”
She added: “The NUS is a campaigning organisation, so our opposition to this agenda, based on both principled and practical concerns…is both valid and appropriate.”
– Preventing Prevent
Since the updated strategy was brought into force, the Guardian has reported that the British government’s “loose definition of extremism” is being used by other countries to crackdown on “non-violent” dissent.
In September, prisoner advocacy group CAGE published a startling report on the “junk science” underpinning the Prevent strategy’s assessment criteria for identifying “at-risk” individuals at the so-called “pre-criminal” stage of radicalisation.
The report prompted more than 140 academics and experts, including the renowned linguist and activist Noam Chomsky, to sign an open letter voicing concern over the lack of “proper scientific scrutiny or public critique.”
The report highlights “multiple, mutually reinforcing structural flaws, the foreseeable consequence of which is a serious risk of human rights violations” including “the right against discrimination, as well the right to freedom of expression, among other rights.”
Prominent Muslim activist Dr. Salman Butt launches legal challenge against misleading government report labelling him a non-violent “extremist”
Dr. Salman Butt, a prominent Muslim activist, has launched a legal challenge against the UK government’s Prevent strategy, claiming it breached his free speech rights.
Last year, Dr. Butt was one of six so-called “hate speakers” singled out by Downing Street as “expressing views contrary to British values.”
Downing Street’s September 17, 2015 press release (source)
Citing work by Whitehall’s Extremism Analysis Unit (EAU), Downing Street claimed that in 2014 there were “70 events involving speakers who are known to have promoted rhetoric that aimed to undermine core British values of democracy.”
However, e-mails recently obtained via a public records request (click to read) show that much of the data attributed to the EAU in the press release – including information used to “name and shame” universities – was taken from a misleading July 2015 report by Student Rights, an arm of “right-wing think tank” the Henry Jackson Society.
July 2015 report by Student Rights director Rupert Sutton (source)
As the e-mails show, Downing Street was still in the process of collecting case studies to support the updated strategy the morning prior to publication, and appears to have ignored a request from an internal fact-checker to amend figures about the number of events featuring “hate speakers” held on university campuses in 2014.
The e-mails also show that, despite having supposedly dropped plans for an statutory ban on so-called “extremist” speakers in March of last year, the government was still toying with the idea of a ban right up until September 16, 2015, just five days before the updated guidance officially came into force.
Via BBC News, Dr. Butt denied holding views contrary to British values, and expressed his intention to shine a light on the inner workings of government policy:
“I’m a father of three, I’m a British Muslim, a writer, an activist. I am not an extremist, either violent or non-violent.
“Being labelled as some kind of extremist does have a stigmatising effect. I have not spoken at any universities since I was named in the [Downing Street] press release.
“My aim isn’t just to clear my name, it is to bring transparency to the hidden processes by which individuals are tarnished with the label of an extremist, to ensure it is brought into the scrutiny of the courts.”
Saimo Chahal QC, partner and human rights lawyer at Bindmans LLP, said that Dr. Butt’s challenge is a test case.
“The Prevent duty guidance issued to higher education institutions is flawed because it conflicts with the right to free speech which is enshrined in the Education Act for higher education institutions,” [Chahal] said.
“The challenge, if successful, could have major implications for the controversial policy as it applies to universities and higher education,” she added.
According to the BBC, Dr. Butt’s lawyers will be challenging part of the strategy that aims to stop people from becoming or supporting terrorists, as well as challenging the government’s definition of “extremism,” which they say is ill-defined.
Additionally, they have been given permission to challenge the way the government’s EAU collected information about Dr. Butt, arguing the process lacks transparency, and that the procedure for identifying people as “extremists” is flawed and in breach of the law.
See also: “The Tyranny of Values,” my October 23 item re: Downing Street’s unattributed use of data from “right-wing think tank” the Henry Jackson Society to “name and shame” universities that host “extremist” speakers.
Shooting the Messenger 