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Any chance of a review of the FWR moderation rules in light of Maya Forstater's success in court please?

915 replies

ViperAtTheGatesOfDawn · 10/06/2021 13:02

The belief that transwomen are men and that transmen are women has been accepted as a legitimate and protected belief, yet we are not able to state this on Mumsnet under the current rules.

It has become increasingly difficult to discuss feminist issues on the dedicated feminism boards as a result of the moderation rules.

In light of Maya's success in court, and that 'gender critical' beliefs are considered protected under the Equality Act, would it be possible for the FWR sex/gender mod rules to be re-visited please?

OP posts:
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CardinalLolzy · 15/06/2021 17:02

Afaik Michael's generally a good'un!

Thanks for all that info, Justine, it helps put things in context.

MarshaBradyo · 15/06/2021 16:54

To quote one email we received this morning, ‘There is definitely a sense that Feminism Chat is only a place to discuss gender critical feminism.

Won’t you still get the same responses in feminism chat unless some posters aren’t allowed to comment.

Anyway guess will see what happens.

JustineMumsnet · 15/06/2021 16:42

Hi again,
There's a lot been raised on this thread - thanks for taking the time - and so the response is inevitably quite lengthy. I've broken it down into chunks for ease of reading I hope.

Are Mumsnet’s guidelines for moderating the sex and gender identity debate illegal, following the Forstater judgement?

As a host of user-generated comment, we provide guidelines that set out the kinds of comments we do and do not allow and the kind of community we want to be. On FWR, as in all topics on Mumsnet, our aim is to host constructive and inclusive debate, and we put rules in place to try to ensure that that happens. When you register with Mumsnet users agree to abide by our Terms of Use, Talk Guidelines and Privacy Policy.

We don’t think anything about this constitutes illegal discrimination; we completely reject the accusation that we treat gender-critical feminists differently to our other users. If anything we tend to spend much more time explaining why things have been deleted on FWR than elsewhere and trying to help users avoid deletions and strikes.

Mumsnet is an inherently female-centred and feminist space and we have an honourable history of supporting and promoting feminist viewpoints. We think it’s pretty clear to fair-minded observers that Mumsnet has bent over backwards to allow the respectful expression of gender-critical viewpoints, often at considerable expense. Like others we’ve come under enormous pressure to shut the conversation down. Unlike many others we’ve resisted.

Is Mumsnet hiving gender-critical feminists off into a ghetto? Are we ashamed of them?

Just to be clear, there’s no hiving off of the debate - we intend to streamline the topics in the FWR category from five down to two: one ‘Sex/Gender debate’ topic, and one Feminism Chat topic. This doesn’t mean that every thread mentioning sex or biology will be moved to the ‘Sex/Gender debate’ topic, which would as many of you have pointed out be unworkable and odd. It’s not about pushing gender-critical feminists into a ghetto, but it is about clearly signposting where people can find conversations - between all kinds of feminists - of the ‘what does it mean to be a woman, are trans women women, is trans-inclusive feminism/activism/language impacting on women’ variety, and providing a separate topic without conversations of that kind.

It won’t be news to anyone here that there are feminists who are intersectional/fourth wave/transinclusive/liberal (however you wish to classify them) who say the passion and preponderance of the gender-critical viewpoint in the current Feminism Chat area means they simply don’t engage with the Feminism topic at all (thousands of Mumsnet users have hidden it altogether). To quote one email we received this morning, ‘There is definitely a sense that Feminism Chat is only a place to discuss gender critical feminism. Any posts which question GCism get flooded with hundreds of hostile responses. Which might be more fair if MN was an explicitly GC site, but it portrays itself as a space for all feminism.’

Are we going to review our Guidelines on this topic? Can we make them more clear?
We see no reason to substantially change our guidelines on this. Our modding in FWR is much more about civility than anything to do with ideology. The aim of the extra guidelines is to facilitate the discussions. While it’s the most prominent example, we make or consider making context-specific rulings whenever any issue starts to draw large numbers of reports; we’ve restricted the number of threads about Meghan Markle, for example, and we’ve had to think hard about deleting misinformation or scaremongering when it’s not being robustly challenged by other users (especially on topics that touch on important public health issues, such as COVID vaccines). Moderating an enormous, busy forum will always mean adapting our rules (although not our principles which have never really changed) to new challenges.

We know some find our rules hard to interpret, but we resist giving a legalistic list of things that are and are not ‘allowed’ because we think context and tone must always be taken into account. If this wasn’t the case we could just apply an enormous list of ‘bad word’ filters and get rid of our moderation team altogether. (Which on some days they might quite welcome to be honest.)

We sometimes email after a deletion - and always when we give a strike - and we explain our decisions when users email us with challenges too. The strikes system on FWR is actually more generous than our parallel approach across most other topics because it resets after six weeks. If we moved to modding without the strikes system, the truth is it would result in many more bans for FWR regulars.

Two specific points to clear up: we won’t necessarily delete posts to the effect that ‘transwomen are male/transwomen are men’ - so long as it’s not being used as a personal attack or as a hostile statement to shut down discussion/ other points of view.

And we really want to knock on the head this idea that FWR users suffer because of TRA targeting on Mumsnet. Nothing gets deleted from Mumsnet unless our rules have been broken; nobody has their account suspended unless the user has repeatedly broken our rules. Our mod team are extremely well versed in this issue and read FWR frequently, and we are as aware as you are of which accounts are linked to Twitter or Facebook accounts and which activists are highly motivated. We take all of that into account in our decision making. Unlike most big platforms we don’t delete posts or ban users just because a certain volume of reports has been received; we make judgements about whether our rules have been broken and whether a post is something we’re fundamentally happy to see on Mumsnet (once it’s been reported to us). That’s the only thing that motivates our decision making - whoever is doing the reporting.

Is it really true that Mumsnet has suffered commercial damage?

Some posts here are questioning whether we’ve sustained real commercial damage because of hosting this board and refusing to censor these conversations entirely. Please don’t be under any illusion that this issue hasn’t had real and substantial costs for us. The truth is that most brands and most marketing managers have absolutely no understanding of this issue: they simply don’t want their brand name anywhere near anything that’s remotely controversial, and they’re easily persuaded (wrongly in our view) that they can reach an audience of mothers/parents just as easily on a number of platforms that are considered ‘less controversial’ (often despite having woefully inadequate moderation and - in some notable cases - giving a megaphone to genuinely hateful content.)

Just to take the most recent example, a couple of weeks ago a commercial competition we were running with the board game distributor Coiled Spring was picked up by activists on Facebook and Twitter, who targeted Coiled Spring directly and in reasonably large numbers, threatening to withdraw business unless CS publicly disavowed us.

We pushed back both publicly and behind the scenes, strongly making the case that women are entitled to discuss the impact of transactivism on women’s hard-won rights to single-sex spaces; you can see our statement (which CS shared on social) here. We explained fully how and why we host these conversations, and shared testimony from respected journalists and commentators who have supported our position. This all takes a significant amount of time.

CS were actually pretty solid on social media, but have paused future activity they had lined up with us despite the competition actually being massively successful. Please don’t target Coiled Spring over this issue, although I’m sure they’d welcome some support - they’ve behaved much better than many other companies (and trade unions…) we could mention, and they’ve come under enormous pressure from gamers in the US.

Is it OK to have a man moderate this board? Are Mumsnet staff/mods able to make good decisions?

Michael is the head of our moderation team, and like the rest of the team he works across all topics including relationships, pregnancy, miscarriage etc. (we don’t allocate mods to specific boards)

Michael’s a brilliant member of the Mumsnet HQ team who spends a great deal of time advocating for MNers and robustly pushing back against external attacks. I strongly believe that you don’t need to be a woman to interpret Mumsnet’s moderation guidelines or to moderate FWR with our ethos in mind. He is an extremely experienced moderator both on Mumsnet and previously elsewhere and frankly the attacks on him here are entirely misdirected; as per our guidelines - personal attacks on our team are simply not on.

More broadly, the idea that there are mods at MNHQ who are busily subverting the cause of feminism is straying into tin foil hat territory. Our mods spend huge amounts of time puzzling over nuanced decisions that involve balancing the competing rights and viewpoints of multiple groups, trying to pick their way through to apply our guidelines as equitably as they can. Any suggestion that our mod team does anything other than advocate for Mumsnet’s users and take their responsibilities seriously is deeply unfair.

Finally can I just say that it’s impossible not to feel a little despairing at the turn this thread has taken, with some users so ready to go on the attack. Over the past few years it genuinely feels like we’ve gone out on a limb to facilitate this discussion. We’re a site of women, owned and run largely by women and so if anyone’s going to go out on a limb, I agree it should be Mumsnet. But I can guarantee that had we had a different ownership structure we would have taken a different stance - as for instance Reddit did when they shut down their Gender critical subreddit. Besides not insignificant financial loss, we’ve faced down a huge amount of reputational criticism for allowing this discussion to stand and - judging by the reaction of most young women I meet - it’s possible that reputational damage will prove problematic in the years to come. There’s an irony in the fact that we seem to be in danger of ending up in simultaneous legal battles with both Trans activists and Gender critical feminists accusing us of being discriminatory.

We persist with hosting this discussion despite all that because we believe that this is a critical issue for many of our users and that they should be allowed to discuss it free from the harassment prevalent on other forms of social media. All we ask is that you’re respectful of others who might think differently on this issue - not for your agreement or submission but for your respect and civility.

littlbrowndog · 15/06/2021 12:51

RO 💪🙋‍♀️🙋‍♀️🙋‍♀️🙋‍♀️🙋‍♀️👏👏

R0wantrees · 15/06/2021 11:59

[quote Stopthisnow]**@JustineMumsnet I heard about the Feminist board here many years ago from other feminists, I had a quick look but there seemed to be too much tiptoeing around males who identified as women, using genderist language etc., so I didn’t stay. I later heard about the Spartacus threads from women at a feminist meeting, I came back and saw there was a thread about gender ideology, so I stayed for a time and contributed to that thread, that was around 6 years ago. Things started to move on and women were talking about organising, I left for a while due to other reasons, when I came back a year or so later under a different account (I had changed emails) a year or so later things had moved on, there was much more discussion of the harms of gender ideology which I think was a very good thing. Then the current guidelines were introduced severely limiting feminist speech and many posters either left or were banned, I came here under a different name, although I often read threads I do not post much due to the fact there are issues that need discussing which currently can’t be, as it is considered ‘generalising’ or offensive to a subset of men. Many women have also said that autism, experiences with abusive males, ex-partners etc., also makes it difficult for them to participate under the current guidelines. So I think the current guidelines could already be said to be excluding some women from posting in Feminist chat.

I think this thread is asking for the rules to be lawful and respectful to the beliefs of ‘gender critical’ feminists. I find it troubling that a thread asking for the rules of the Feminist board to reflect the current law on beliefs has been met with a proposal to segregate feminists on the Feminist board. With respect, this approach seems to have functioned as a distraction, as women then feel they have to make the case for why they shouldn’t be moved into a subsection. When instead the issue this thread highlights should be addressed.

It has now been established that ‘gender critical’ feminists are free to hold our belief (based on biological fact) that males are men, and disagree with genderist’s belief that males can be women. In order to convey our belief that males are men/males we need to be able to use language which reflects our beliefs (which are based on the facts of biological sex being unchangeable) without risking being banned, of course genderists should also to be free to express their beliefs. However, genderist’s beliefs should not be prioritised over gender critical feminist’s beliefs, otherwise that is discrimination, this is what women on this thread are highlighting.

There are two main areas where there is an imbalance imo;

  1. Genderists are currently able to use the word ‘transwoman’ to refer to a subset of males as that aligns with their belief in gender ideology. Gender critical feminists equally need to be able to refer to males in a way that aligns with our belief that biological sex cannot be changed, by being able to refer to males as males/men e.g. trans identified males/men (TIM), etc.
  1. Genderists are currently permitted to use female pronouns when they refer to the group of males they consider ‘transwomen’, and to use ‘cis’ to refer to people they don’t consider ‘trans’, this is inline with their belief in gender ideology. Gender critical feminists need equally to be able to use male pronouns for the group of males who identify as women, and need to be able to refer to them as males/men, in line with our belief that people can’t change sex.

However, I think it reasonable that if an individual is involved in a conversation on a thread and doesn’t wish to be referred to as ‘cis’ or ‘he’ personally, then posters should not refer to that specific poster as ‘cis’ or he, they can just use their username or ‘they’ to refer to them, this is completely different from referring to groups or hypothetical people. Genderists may find it distressing or offensive when gender critical feminists use words that reflect biological reality to refer to a subset of males, similarly many ‘gender critical’ feminists find it just as (if not more) distressing and offensive when genderists use words inline with gender ideology, as many of us consider genderism to be an ideology that is based on and further embeds misogyny and homophobia in society. As a lesbian woman I find it particularly distressing and offensive that male posters can refer to themselves or other males as ‘lesbian women’. However, it has been established that no one has the right not to be offended. Therefore, even though both sides can feel distressed and extremely offended by the views of the other, we both still need to be equally free to express our beliefs, as long as we are not being harassing or abusive.

Another point is that feminism is about generalising to a large extent, as is any analysis of power imbalance or oppression, e.g. women cannot discuss feminism without talking about males/men as a group, and subsets of men/males who hold misogynistic beliefs about women. Feminist analysis also critiques lifestyle choices, beauty norms etc., feminist analysis can’t exist if is verboten to critique these things. For example, if a group of men have a sexual fetish that leads them to promote sexist and misogynistic views of what women are, even though that may be a ‘lifestyle choice’, it is the essence of feminism to point out they are doing this and the harms it causes to females. Similarly if a group of men wish to violate female’s boundaries, then it may be criticising a specific group of men to mention which group of men are doing the violating, though one cannot express a feminist analysis without naming the group of men and the ideology they subscribe to.

Ultimately, the issue is that both ‘gender critical’ feminists and genderists need to be able to convey our views and beliefs in equal ways, without risking being banned or deleted, otherwise it would be prioritising one side over the other, which I agree with pp is likely to be discrimination under belief. Up until now many genderist terms have been permitted, but not a gender critical feminist equivalent, this is what needs to be addressed. It also needs to be acknowledged that feminist analysis, like all other analysis of oppression, often has to generalise, it cannot exist otherwise. Pp have said removing women who discuss sex based rights to a subsection of the feminist board is likely to be discrimination against the female sex and I tend to agree. It is more productive to make the rules of the Feminist board fair and equal for both genderists and gender critical feminists than trying to create echo chambers imho.[/quote]
Stopthisnow A fantastic post, many thanks. Star

R0wantrees · 15/06/2021 11:56

Thank you for the kind words and support.
I was advised that it was a week's suspension for a flurry of strikes I received in very quick succession so it was disconcerting to then remain locked out. The thread is not about me.

This is an important thread with a serious request worthy of respect and made in the context of a landmark case ruling. Lesbians and other women who have a lack of belief in 'gender identity' should not have been unfairly discriminated against under The Equality Act 2010. Now this has been made explicit, many organisations and businesses should revisit their policies and practises as an urgent priority.

Alternista · 15/06/2021 10:28

Well if that hasn’t just made me well up a bit!
How brilliant to see you back, R0wantrees.

ArabellaScott · 15/06/2021 09:19

R0wantrees, it's so good to see you back! Flowers

SelfPortraitWithEels · 15/06/2021 07:45

Great post Stop.

And another one extremely glad to see R0wantrees back! Grin Flowers

GiantToadstool · 14/06/2021 22:21

I love the properly intelligent discussion I can follow here (not usually contribute anything of substance other than my support.) But great to read more than soundbites.

WanderinWomb · 14/06/2021 22:00

Heavens to Betsy she's back. And what a blinder of a post ❤️

Gibbonsgibbonsgibbons · 14/06/2021 21:55

Stopthisnow Star

R0 🎉🎉🎉🥃🥃🥃🍫🍫🍫

WarriorN · 14/06/2021 20:00

Cross post, i don't understand the reasoning behind that suspension.

C+p that post for my own notes, thanks for the links.

RufustheBadgeringReindeer · 14/06/2021 19:59

@WarriorN

Whoop! R0 in da house!

🍷 🎉 🍸

😀
WarriorN · 14/06/2021 19:58

Whoop! R0 in da house!

🍷 🎉 🍸

R0wantrees · 14/06/2021 19:57

@ViperAtTheGatesOfDawn

The belief that transwomen are men and that transmen are women has been accepted as a legitimate and protected belief, yet we are not able to state this on Mumsnet under the current rules.

It has become increasingly difficult to discuss feminist issues on the dedicated feminism boards as a result of the moderation rules.

In light of Maya's success in court, and that 'gender critical' beliefs are considered protected under the Equality Act, would it be possible for the FWR sex/gender mod rules to be re-visited please?

I would like to add my support to the OP's request.

I received a strike for quoting Genevieve Gluck's (academic feminist) summary of her presentation to the Women’s Human Rights Campaign. It was very specific and not a generalisation. Porn and sex trafficking are a core concern to feminists and I believe Gluck's work to be important for the welfare of girls and women.
genevievegluck.substack.com/

Women's Human Rights Campaign (WHRC) is a group of women from across the globe dedicated to protecting women's sex-based rights.

With more than 12000 signatories from 122 countries, WHRC also has the support and allyship of more than 260 global grassroot organisations.

It reaffirms the rights of women as set out in the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) adopted by the United Nations General Assembly on 18 December 1979.

Further developed in the CEDAW Committee General Recommendations, and adopted, inter alia, in the United Nations Declaration on the Elimination of Violence against Women 1993 (UNDEVW).

Having been translated in almost 20 languages, the Declaration re-affirms the rights of women and girls as outlined in CEDAW.

CEDAW defines discrimination against women as
“any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.’’

www.womensdeclaration.com/en/about/

countrypunk · 14/06/2021 19:51

Late to this thread but excellently put, @Stopthisnow.

Thelnebriati · 14/06/2021 19:51

R0's back! Flowers

Is it dark out there?

R0wantrees · 14/06/2021 19:41

Thank you Smile

RedToothBrush · 14/06/2021 19:39

Good to see you back.

Grin
OvaHere · 14/06/2021 19:37

R0 Flowers Smile

R0wantrees · 14/06/2021 19:31

Thanks both Wine

RufustheBadgeringReindeer · 14/06/2021 19:24

Hey R0

Wine
Datun · 14/06/2021 19:22

Wotcha R0 !

R0wantrees · 14/06/2021 19:12

This article published by Maya Forstater's lawyer is worth reading in full and I believe relevant:

Peter Daley
'The Forstater Judgment: What Next?'
(extract)
"This is a landmark decision. Gender Critical beliefs are protected characteristic. Those who hold and express those beliefs are protected from discrimination. It is a comprehensive reminder of the liberal principles of freedom of speech and thought that underpin our democracy. (continues)

Similarly, policies which demand a positive adoption of tenets of Gender Theory - such as directing the mandatory insertion of pronouns in email footers – are not the tool of inclusivity that they may have been presented or even intended: such practices may exclude those with protected Gender Critical beliefs (quite apart from the fact that they may necessitate the outing of trans people who have no desire to be outed). They may be evidence of the hostile environment described at s.26(1)(b) Equality Act 2010, providing support to claims of unlawful harassment, or otherwise demonstrate direct or indirect discrimination. (continues)

Fundamentally however, this judgment requires a rethink of how we as a society approach questions of public debate. The labels of transphobia, hate and bigotry have been misapplied to suppress the debate around sex and gender. The catastrophic predictions of what success for Maya Forstater would mean – from licenced transphobia to the automatic abolition of workplace discrimination protections – were always nonsense and are confirmed as such in the judgment." (continues)
www.linkedin.com/pulse/forstater-judgment-what-next-peter-daly

www.doyleclayton.co.uk/about/our-people/peter-daly/

Apologies if it has already been quoted. I have a lot of threads to catch up on. Many thanks to those who raised the issue with my account which I'm pleased to say was re-established this afternoon.